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A consultancy firm proposes an absorption merger where the absorbing entity is Italian and assets in Spain are affected by a permanent establishment. The DGT indicates that the operation may qualify for the special merger regime under Legislative Decree 3/2009 if it meets the required conditions and has valid economic motives, while also assessing the existence of a permanent establishment and exemption from VAT and ITPAJD.
The fiscal team reviews your specific situation.
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