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The consultant asks whether the special regime for partial spin-offs can be applied to separate real estate from agricultural machinery activities. The DGT responds that the regime of fiscal neutrality can be applied if the segregated asset constitutes an autonomous activity branch and another remains in the parent company.
Question posed: Whether the application of the special tax regime under Chapter VII of Title VII of the LIS is appropriate for this partial spin-off of real estate assets from the aforementioned company, involving the creation of a new company or a capital increase of an existing one, where the shareholding will exceed 5%, and the employee will be retained, and if so, what value should be assigned to the real estate assets contributed to the newly created company or to the capital increase, if the company to which they are contributed already exists.
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