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V2027-25 ·29 October 2025 ·consulta-vinculante Medium impact
Tax

Requirements for fiscal neutrality in partial splits: need for an autonomous activity branch

An immovable property company asks whether it can carry out a partial split of assets to create three new companies without taxing capital gains. The DGT responds that the operation does not qualify as a partial split if the segregated immovable assets do not constitute distinct activity branches with separate organisational and management structures.

In 6 key points

How it affects those involved

A partial split of assets does not trigger taxation if the segregated assets form autonomous activity branches with distinct organisational and management structures.

Lifecycle

2025-10-29PublishedPublished 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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