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A company proposes a reorganisation through non-cash contributions and financial spin-offs to segment its logistics and real estate activities. The DGT states that these transactions may benefit from the fiscal neutrality regime provided the legal requirements are satisfied, such as a minimum 5% ownership stake in shareholders' equity.
Cuestión planteada
Las aportaciones no dinerarias pueden acogerse al régimen de neutralidad si la entidad aportante mantiene al menos un 5% de los fondos propios de la receptora. El canje de valores requiere que la entidad adquirente obtenga la mayoría de derechos de voto o aumente su participación. Las escisiones financieras pueden aplicar el régimen especial si se cumplen los requisitos mercantiles y la entidad escindida mantiene una rama de actividad. En todos los casos, la operación no debe tener como objetivo principal el fraude o la evasión fiscal.
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