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V1299-21 7 May 2021 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión parcial

Partial demerger may qualify for the special regime if one line of business is transferred and another is maintained

The taxpayer asks whether the segregation of its energy and rental activities into a new company can utilize the special demerger regime. The DGT indicates that for this to occur, the transferred assets must constitute a line of business and the entity must maintain another line of business of its own.

The question raised

Question posed: Whether the described operation may qualify for the 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 for partial demerger, the segregated assets must constitute a line of business, understood as an autonomous economic unit capable of operating by its own means. Likewise, the transferring entity must retain at least one other line of business in its assets. The operation must respond to valid economic reasons and must not have fraud or tax advantage as its primary objective.

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