Skip to content
Back to index
V1778-23 20 June 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión total

Possibility of applying special regime for total split and share exchange under LIS requirements

The DGT consults on the application of the special regime for total splits and share exchanges in a restructuring. It states that such operations may be subject to the special regime if legal requirements are met and the primary objective is not fraud or tax evasion.

The DGT's ruling

A total demerger complies with the LIS if carried out under Law 3/2009 and the partners receive shares on a proportional basis. The exchange of securities allows for the application of the special regime if the acquiring entity obtains the majority of voting rights and the requirements of Article 80 of the LIS are met. The regime shall not apply if the primary objective is tax fraud or evasion without valid economic reasons.

Book your free first meeting