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V1581-18 7 June 2018 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión parcial

Special spin-off regime cannot be applied if segregated assets do not constitute a line of business

An educational group requested a ruling on whether separating its teaching centres to create new companies constitutes a partial spin-off. The DGT ruled that, to qualify for the special tax regime, the transferred assets must constitute a line of business with its own organisation prior to the transaction.

The question raised

Question posed: Whether the case presented would be treated as a spin-off or whether the decoupling of the teaching centers currently belonging to the company would not be so considered, as well as other issues related to the possible taxation of the centers following the projected operation.

The DGT's ruling

To benefit from the special spin-off regime, the segregated assets must constitute an autonomous economic unit that allows for the development of an economic activity. This requires the existence of a differentiated organization of material and human resources for each activity within the demerged entity prior to the operation. In the case presented, it is not inferred that an educational center alone constitutes a branch of activity, nor that such prior organization exists.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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