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Se consulta si una operación de fusión por absorción entre dos entidades puede calificarse dentro del régimen especial de la Ley del Impuesto sobre Sociedades. La DGT responde que la operación podrá acogerse a dicho régimen si se realiza en el ámbito mercantil según el Real Decreto-ley 5/2023 y cumple los requisitos del artículo 76.1 de la LIS.
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