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A Spanish SICAV intends to merge by absorption with a Luxembourg SICAV. The Directorate General for Taxes (DGT) indicates that the transaction could qualify for the special merger regime if commercial and tax requirements are met, and that the efficiency and control motives presented may be considered valid economic reasons.
Cuestión planteada Si la operación mencionada puede acogerse al régimen fiscal especial del capítulo VII del título VII de la LIS y si las razones expuestas pueden considerarse como motivos económicos válidos a los efectos de lo previsto en el artículo 89.2 de la LIS.
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