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V1953-15 19 June 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · diferencia de fusión

The merger difference is only deductible if it is proven to correspond to an irreversible depreciation

The taxpayer asks whether the difference between the acquisition price and the equity in a merger is deductible. The DGT indicates that, since the requirement that the entities do not belong to a group is not met, the deduction requires proof of irreversible depreciation.

The question raised

Question posed: Whether the merger difference assigned to goodwill and intangible assets with a defined useful life, corresponding to the acquisition by entity V of holdings in insurance companies F, C, and D from companies within the same business group, is tax deductible and under what terms.

The DGT's ruling

For holdings acquired from entities that are part of a group of companies, the merger difference will only have tax effects if it is proven to correspond to an irreversible depreciation. In the case of the portion attributed to intangible fixed assets with a defined useful life or to goodwill, such irreversible impairment must also be proven. Furthermore, for the 2012 to 2015 fiscal years, the annual deduction limit is one hundredth of the amount.

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