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V1755-23 ·15 June 2023 ·consulta-vinculante Medium impact
Tax

Cross-border merger with a non-resident entity may breach capital reserve requirement without obligation subrogation in Spain

A Spanish company with a capital reserve benefit plans to merge with a non-resident entity without a permanent establishment in Spain. The DGT states that this prevents the subrogation of maintenance obligations, requiring the return of the tax benefit with interest.

In 6 key points

How it affects those involved

The merger may trigger a breach of the capital reserve requirement if obligations are not subrogated in Spain, leading to the repayment of the tax benefit with interest.

Lifecycle

2023-06-15PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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