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V0444-15 4 February 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · fusión por absorción

Fusion of non-resident shareholders in a Spanish company does not trigger corporate tax

A Spanish company with a French shareholder, who in turn has a Belgian shareholder, asks whether the fusion of non-resident shareholders has fiscal consequences in Spain. The DGT responds that the operation generates neither accounting nor tax income for the Spanish company.

The question raised

Whether any type of taxation exists in Spain for entity A, by reason of the merger by absorption of its non-resident partner with another entity that is also not a resident

The DGT's ruling

The merger between two non-resident entities does not generate any accounting or tax income for the consulting entity resident in Spain. Therefore, it has no tax implications for Corporate Income Tax for said entity.

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