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V2358-25 ·4 December 2025 ·consulta-vinculante Low impact
Tax

The merger by absorption of wholly owned companies may be tax-neutral if it complies with commercial requirements and the Corporate Income Tax Act

The DGT states that the merger may be neutral, but the split will only be neutral if the separated balance sheets constitute distinct activity branches.

In 6 key points

How it affects those involved

The fiscal neutrality of a merger followed by a non-proportional full split depends on whether the segregated balance sheets form distinct activity branches.

Lifecycle

2025-12-04PublishedPublished 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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