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A company sought clarification on whether transferring its real estate division to a newly incorporated entity would constitute a business line, allowing for the application of the special Corporate Tax regime. The Directorate General for Taxes (DGT) ruled that if the necessary assets and human resources are transferred to allow for autonomous operation, it could qualify as such, provided there are valid economic reasons.
Companies restructuring their operations through the transfer of real estate assets must ensure the division functions as an autonomous economic unit with sufficient resources and legitimate commercial justification to benefit from special tax treatment.
The tax team reviews your specific situation.
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