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V0123-26 27 January 2026 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión parcial

Application of special split regime requires valid economic grounds

An energy company wishes to carry out a partial split to separate its conventional hydraulics division from its pumping division, enabling a new partner to join. The inquiry asks whether the special tax neutrality regime can be applied and whether it can retain in the split entity tax-deferred assets and negative taxable bases unrelated to the transferred business line.

The question raised

Whether the proposed spin-off is subject to the special regime for the purposes of the provisions of Article 76.2.1. b) of the LIS, assuming that the transferred assets consist of a business division and corporate support personnel, and that another pre-existing business division is maintained in the demerging entity.

The DGT's ruling

Partial demerger may qualify for the tax neutrality regime if the segregated assets constitute an autonomous line of business and another line of business is maintained in the demerging entity. The acquiring entity only subrogates into the tax rights and obligations of the transferred line of business. Deferred tax assets, deductions, and tax loss carryforwards unrelated to the segregated line of business are retained by the transferring entity.

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