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V1943-19 23 July 2019 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión parcial

Tax value of real estate following a demerger is the value held by the transferring entity

A company has requested clarification on the tax cost of real estate assets received following a partial demerger. The DGT has ruled that, under the special tax regime, the values held by the transferring company are maintained.

The question raised

1. What is the tax acquisition cost of the real estate acquired by the applicant as a consequence of the demerger?

The DGT's ruling

If the operation falls under the demerger regime of the TRLIS, the acquired assets shall be valued at the same values they held in the transferring entity prior to the operation. Likewise, the shares received shall be valued at the value of those transferred in accordance with the rules of the corresponding tax. These values are based on the data declared by the taxpayer, except in the event of administrative or judicial rectification.

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