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A real estate company has enquired whether its proposed demerger project can qualify for the special tax regime under the Corporate Income Tax Act (LIS) and if its motives are considered economic. The Directorate General for Taxes (DGT) indicates that if the operation complies with commercial regulations and the allocation of shares is proportional, the regime could apply, provided its primary purpose is not tax evasion or obtaining an unfair tax advantage.
Companies undergoing restructuring should ensure that demergers are driven by genuine economic motives and comply with proportional share allocation to benefit from special tax treatments.
The tax team reviews your specific situation.
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