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The consultant asks whether a 100% subsidiary absorption merger can benefit from the special fiscal neutrality regime. The DGT responds that such a regime applies if the transaction meets commercial and Income Tax requirements, provided its main objective is not tax fraud or evasion.
Cuestión planteada Si a la renta obtenida es aplicable el régimen especial de las fusiones, escisiones, aportaciones de activos, canje de valores y cambio de domicilio social de una Sociedad Europea o una Sociedad Cooperativa Europea de un Estado miembro a otro de la Unión Europea del Capítulo VII del Título VII de la Ley 27/2014 de 27 de noviembre del Impuesto sobre Sociedades, al no haber revalorización contable de activos, al coincidir el valor fiscal y el contable.
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