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DGT states that fiscal neutrality is possible if LIS requirements are met and the reorganisation complies with commercial law.
Question posed - Whether the restructuring operations described may qualify for the tax neutrality regime provided for in Chapter VII of Title VII of the LIS, as well as whether the alleged motives may be considered economically valid for the purposes of its application.
El canje de valores permite la neutralidad fiscal si la entidad adquirente obtiene la mayoría de derechos de voto y se cumplen los requisitos del art. 80 LIS. La fusión impropia de sociedades íntegramente participadas no integra rentas por anulación de participación ni por la transmisión de bienes. La escisión total es válida si los socios reciben participaciones en las beneficiarias de forma proporcional a su participación en la sociedad escindida.
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