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A query was raised regarding whether the absorption of one company by another may qualify for the special tax regime for mergers. The DGT indicates that it must comply with commercial regulations and Article 76.1 of the Corporate Income Tax Act, and that its primary purpose must not be to obtain a tax advantage.
Companies planning mergers must ensure they meet both commercial law standards and specific tax requirements, demonstrating genuine economic substance to avoid being denied the special tax regime.
The tax team reviews your specific situation.
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