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A query was raised regarding whether a merger operation can apply the special tax regime for European companies. The DGT ruled that this is possible provided the operation meets the requirements of the TRLIS and the Law on Structural Modifications, and is carried out for economic reasons rather than for the purpose of obtaining a tax advantage.
This ruling clarifies the conditions under which cross-border mergers involving European companies can maintain tax neutrality, emphasizing the necessity of genuine economic substance over tax avoidance.
The tax team reviews your specific situation.
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