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A query was raised regarding whether a proposed merger could qualify for the special merger regime under the Corporate Income Tax Act (LIS) and if the stated objectives constitute valid economic reasons. The Directorate General for Taxes (DGT) indicates that if the purpose is to exploit the tax losses of an inactive company, the transaction may fail to meet the requirements for valid economic reasons.
Companies attempting to restructure solely to offset tax losses through inactive entities may face rejection of tax-neutral merger treatments if they cannot demonstrate genuine economic substance.
The tax team reviews your specific situation.
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