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A query was raised regarding whether a merger by absorption between two companies within a group with an Italian parent company could apply the special European Company regime. The DGT indicates that for this to occur, the transaction must comply with commercial regulations and Corporate Tax requirements, provided its primary purpose is not tax advantage.
This ruling clarifies the conditions under which cross-border mergers can benefit from the European Company status, emphasizing that commercial substance must prevail over tax planning.
The tax team reviews your specific situation.
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