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V0474-26 2 March 2026 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión parcial

Financial splitting of shares may qualify for fiscal neutrality if conditions met

The DGT responds that a financial splitting operation through the segregation of shares into a new company may apply the fiscal neutrality regime, provided that commercial legislation and the LIS requirements are met, and the objective is not fraud or tax evasion.

The question raised

Question raised

The DGT's ruling

The spin-off operation may qualify for the tax neutrality regime if the segregated assets consist of majority holdings and the demerged entity maintains at least one line of business or majority holdings in another entity. The shareholders must receive shares in the beneficiary entity in the same proportion as they held in the transferring entity. Furthermore, the operation must not have the primary objective of tax fraud or evasion, but rather valid economic reasons.

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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