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V1985-23 7 July 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión financiera

A financial spin-off may qualify for the special regime if the requirements regarding shareholdings and line of business are met

The taxpayer asks whether the segregation of majority shareholdings in other entities may qualify for the special spin-off regime. The DGT responds that it is possible if the spun-off entity maintains a line of business with differentiated material and human resources.

The question raised

Question raised 1. Whether the special regime of Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax, is applicable to the proposed business restructuring operation.

The DGT's ruling

For a financial spin-off to qualify for the special regime, the segregated assets must consist of majority shareholdings and the spun-off entity must maintain a line of business or majority shareholdings in other entities. The line of business requires a differentiated business organization with material and human resources prior to the operation. Furthermore, the primary objective of the operation must not be the obtaining of a tax advantage without valid economic reasons.

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