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A query was raised regarding whether a merger between two Spanish companies owned by a French parent company could qualify for the special merger regime. The DGT indicates that the regime may apply if the transaction meets commercial and tax requirements, noting that the existence of tax loss carryforwards does not preclude its application, although the validity of the economic reasons must be substantiated.
Cuestión planteada Si procede la aplicación del régimen especial del Capítulo VII del Título VII de la Ley del Impuesto sobre Sociedades a la operación de fusión planteada, y si los motivos alegados tienen la consideración de económicamente válidos a estos efectos.
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