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A Collective Investment Scheme (CIS) has enquired whether a merger by absorption of another CIS may benefit from the special tax regime. The Directorate General for Taxes (DGT) has ruled that this is possible provided that merger requirements are satisfied and the primary purpose of the transaction is not tax evasion or tax advantage.
Cuestión planteada Si la operación mencionada puede acogerse al régimen fiscal especial del capítulo VIII del Título VII del Texto Refundido de la Ley del Impuesto sobre Sociedades, aprobado por Real Decreto Legislativo 4/2004, de 5 de Marzo.
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