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V0863-23 12 April 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · exención

Exemption on the transfer of shares requires the entity not to be a holding company or for income to be limited to undistributed profits

A company sought clarification on whether the capital gain from selling 100% of a subsidiary dedicated to online gaming was exempt from Corporate Tax. The DGT indicates that the exemption applies provided the requirements of Article 21 of the LIS are met and the entity is not considered a holding company.

The question raised

Question posed Confirmation that the exemption provided for in Article 21.3 of Law 27/2014, of November 27, on Corporate Income Tax is applicable to the positive income generated from the transfer of 100% of the interest held by the consulting entity A in entity S.

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