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The DGT confirms that share transfers to obtain a majority of voting rights may qualify for the special regime provided the conditions in articles 76.5 and 80.1 of the LIS are met and there is no primary objective of fraud or tax evasion.
Cuestión planteada
La operación podrá aplicar el régimen especial de canje de valores si la entidad adquirente obtiene la mayoría de derechos de voto y se cumplen los requisitos de residencia y valoración fiscal del artículo 80.1 de la LIS. No obstante, el régimen no será aplicable si el objetivo principal de la operación es el fraude o la evasión fiscal, o si carece de motivos económicos válidos como la reestructuración de actividades.
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