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A company has requested clarification on whether a merger between two entities wholly owned by the same shareholder can qualify for the special tax regime. The Directorate General for Taxes (DGT) has ruled that this is possible, provided that commercial requirements are met and the transaction is supported by valid economic reasons.
This ruling provides legal certainty for corporate restructurings involving single-shareholder groups, allowing for tax-neutral mergers if economic substance is demonstrated.
The tax team reviews your specific situation.
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