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A company has requested a ruling on whether a merger can qualify for the special regime under the Corporate Income Tax Act and how it would affect tax loss carryforwards. The Directorate General for Taxes (DGT) states that this is possible provided the transaction meets commercial and tax requirements and serves genuine economic purposes rather than being solely for tax advantages.
Companies undertaking restructurings must ensure that mergers are driven by legitimate business purposes to qualify for special tax treatment and avoid issues regarding tax loss carryforwards.
The tax team reviews your specific situation.
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