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V0419-16 3 February 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · residencia fiscal

The transfer of tax residence of a company to Germany allows for the maintenance of the tax value of assets allocated to a branch in Spain

A Spanish company proposes to transfer its registered office and place of effective management to Germany, allocating its assets to a branch in Spain. The DGT analyzes the loss of tax residence, neutrality in asset valuation, and the impact on ITPAJD and IRNR.

The question raised

Question posed: Whether the tax neutrality regime, established in Article 78.1 of the LIS, will be applicable to the operation of transferring the registered office of entity A to Germany with the allocation of all its assets to a branch located in Spanish territory, such that the difference between the market value and the tax value of its assets is not included in the corporate tax base of entity A.

The DGT's ruling

The transfer of the registered office and place of effective management, following registration in the new registry and cancellation in Spain, entails the loss of tax resident status. If the assets remain allocated to a permanent establishment in Spain, the neutrality regime shall apply, valuing them at their previous tax values. Regarding ITPAJD, the operation is not subject to tax as it is neither a corporate operation nor does it involve registrable assets. Regarding IRNR, capital gains from the disposal of shares shall only be taxed in Germany if the real estate asset requirements of the Convention with Germany are not met.

Apply this to a real case

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

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