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V1690-15 29 May 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial de fusiones

Reasons of patrimonial succession and professionalization may constitute valid economic motives for the special regime

A taxpayer inquires whether the restructuring of their assets to facilitate family succession and professionalize the management of their companies constitutes a valid economic motive. The DGT indicates that these motives may be considered valid for the application of the special regime for contributions of assets.

The question raised

Question posed: Whether the motives referred to are considered valid economic motives as referred to in Article 89 of Law 27/2014, of November 27, on Corporate Income Tax.

The DGT's ruling

Restructuring to ensure continuity through the rationalization of the structure, the professionalization of management with new family members, and the organization of the succession process may be considered a valid economic motive pursuant to Article 89.2 of the LIS. However, the application of the special regime is subject to compliance with the contribution requirements provided for in Article 87 of the LIS and to the condition that the operation does not have fraud or tax evasion as its primary objective.

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