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V2035-15 30 June 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · canje de valores

Can exchange regime applicable if valid economic reasons for reorganisation exist

A company asks whether creating a holding company through share exchange and subsequent dividend payments in kind qualifies for the special share exchange regime. The DGT confirms the operation constitutes a share exchange and that the stated economic grounds are valid.

The question raised

1. Whether, in the operation of exchanging the shares of the consulting entity for those of a new holding company in accordance with the objectives and form proposed, the tax regime for the exchange of securities provided for in Chapter VII of Title VII of the Corporate Income Tax Law may be applied.

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