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V0352-26 19 February 2026 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación de rama de actividad

Contribution of a business line may qualify for tax neutrality regime

A company operating care homes asks whether it can contribute one of its business units to a new company (NEWCO) under the special tax neutrality regime. The DGT states that the operation may meet the requirements if the contributed business unit constitutes an autonomous economic unit capable of operating independently.

The question raised

Question raised

The DGT's ruling

The transaction may qualify for the tax neutrality regime of Corporate Income Tax if the contributed assets constitute a line of business, understood as an autonomous economic unit capable of operating by its own means. In the scope of VAT, the transfer shall not be subject to the tax if a set of elements forming an autonomous economic unit is transferred. Regarding ITPAJD, the transaction is considered a restructuring, which entails non-subjectivity in the corporate operations modality and exemption in others. Finally, IIVTNU shall not accrue provided that the contributed land is integrated into the line of business.

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What is published here, applied to a company or a specific case. The first meeting is free.

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