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A query was raised regarding whether a merger by absorption between two entities within the same group can apply the tax neutrality regime. The Directorate General for Taxes (DGT) ruled that this is possible provided the transaction meets commercial and tax requirements, and its objective is economic restructuring rather than mere tax advantage.
This ruling provides legal certainty for corporate restructurings, confirming that tax neutrality is available for group reorganisations as long as they are driven by genuine business purposes rather than tax avoidance.
The tax team reviews your specific situation.
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