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A company sought clarification on whether a share swap operation intended to create a new holding company could qualify for the special tax regime. The Directorate General of Taxes (DGT) ruled that this is possible provided that residency and majority voting requirements are satisfied, and that the transaction serves genuine economic purposes rather than being purely for tax avoidance.
Cuestión planteada 1) Si la operación de canje de valores descrita 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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