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A construction and property development company has requested a ruling on whether a merger by absorption of a real estate leasing subsidiary can qualify for the special Corporate Tax regime, the waiver of VAT exemption, and the specific treatment regarding Transfer Tax (ITP/AJD) and the Tax on Legal Entities' Property Transfers (IIVTNU). The Directorate General for Taxes (DGT) indicates that applying the special Corporate Tax regime depends on the operation meeting commercial requirements and having valid economic motives, rather than being purely tax-driven.
Companies undertaking restructuring must ensure that mergers are driven by genuine commercial purposes to benefit from tax relief and avoid being classified as mere asset transfers.
The tax team reviews your specific situation.
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