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A company owned equally by two partners proposes a total demerger to create two new entities and resolve a management deadlock. The Directorate-General for Taxes (DGT) has ruled that the operation may qualify for the special Corporate Income Tax regime, provided it is carried out in accordance with commercial law and serves valid economic purposes.
Cuestión planteada Si la operación planteada de escisión total, en la que se adjudicaría el patrimonio de la sociedad consultante a dos sociedades residentes fiscales en España de nueva constitución, puede acogerse al régimen especial previsto en el capítulo VII del título VII de la Ley 27/2014, de 27 de noviembre, del Impuesto sobre Sociedades.
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