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V1289-17 29 May 2017 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · fusión

A merger may qualify for special regime if it meets commercial requirements and has valid economic grounds

The consultant asks whether a merger can apply for the special regime under Corporate Tax. The DGT responds that it is possible if carried out under the Law on Structural Modifications, complies with Article 76.1.a) of the Corporate Tax Law, and has valid economic grounds.

The question raised

Question posed: Whether the described transaction may qualify for the special tax regime provided for in Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax.

The DGT's ruling

To apply the special regime, the transaction must be carried out within the commercial sphere pursuant to Law 3/2009 and comply with Article 76.1.a) of the LIS. The regime shall not apply if the primary objective is tax fraud or evasion, or if there are no valid economic reasons such as the restructuring or rationalization of activities. The reasons of administrative simplification and rationalization of resources may be considered valid pursuant to Article 89.2 of the LIS.

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