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V2349-25 ·3 December 2025 ·consulta-vinculante Low impact
Tax

Total non-proportional spin-off requires segregated assets to constitute distinct activity branches for fiscal neutrality

The DGT asks whether a merger by absorption followed by a total non-proportional spin-off among five companies can qualify for fiscal neutrality. The DGT states that the merger may be neutral, but the spin-off will only be so if the segregated assets form distinct activity branches.

In 6 key points

Lifecycle

2025-12-03PublishedPublished 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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