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A query was raised regarding whether a total demerger of a construction company could qualify for the special Corporate Tax regime. The DGT indicates that, even if commercial and proportionality requirements are met, if the operation is preparatory to a subsequent donation of shares, it will not be considered motivated by valid economic reasons and therefore cannot benefit from the special regime.
Companies planning demergers must ensure the transaction is driven by genuine economic purposes rather than being a precursor to non-commercial transfers, such as donations, to avoid the loss of tax benefits.
The tax team reviews your specific situation.
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