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A company sought clarification on whether a proportional total demerger intended to reorganise assets among family groups would qualify for the special Corporate Tax regime. The DGT indicated that, although the economic motives appear valid, the intention to sell the shares to the other family groups following the demerger could disqualify the transaction from the special regime.
Cuestión planteada Si la operación de escisión total tal y como ha sido descrita, se calificaría objetivamente dentro del régimen especial del capítulo VII del título VII de la Ley 27/2014, de 27 de noviembre, del Impuesto sobre Sociedades. Y si los motivos señalados para llevar a cabo la fusión por absorción, constituyen motivos económicos válidos a efectos de la aplicación del citado régimen especial.
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