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The applicant inquired whether the separation of their professional assets, real estate, and social shares is economically valid for applying the special demerger regime. The DGT ruled that only the segregation of shares conferring the majority of share capital, which also maintain a line of business within the spun-off entity, can benefit from tax neutrality.
This ruling limits the scope of tax-neutral demergers, requiring that the segregated assets must represent a majority of capital and constitute a functional business unit.
The tax team reviews your specific situation.
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