Skip to content
Back to index
V0461-16 5 February 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial de fusiones

Mergers with valid economic reasons may qualify for the special Corporate Tax regime

A query was raised regarding whether a merger operation can apply the special tax regime for European companies. The Directorate General for Taxes (DGT) indicates that if the merger meets commercial requirements and has valid economic reasons, it may qualify for said regime.

The question raised

Whether the described operation may qualify for the special tax regime under Chapter VII of Title VII of the Corporate Income Tax Law 27/2014, of November 27.

The DGT's ruling

To apply the special regime for mergers, demergers, and other operations under the LIS, the operation must be carried out in accordance with Law 3/2009 and comply with Article 76.1 of the LIS. The regime shall not apply if the primary objective is tax fraud or evasion, or if it lacks valid economic reasons such as the restructuring or rationalization of activities. In this case, the pursuit of efficiency, cost savings, and synergies is considered a valid economic reason.

Book your free first meeting