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A Spanish company inquires whether a merger by absorption of a Danish entity may apply the special regime of the CIT and whether its motives are valid. The DGT indicates that the operation may qualify for said regime if it meets the requirements of the CIT and Law 3/2009, validating the alleged economic motives.
Question raised: Whether the proposed operation could qualify for the special tax regime regulated in Chapter VII of Title VII of the Corporate Income Tax Law. And whether the economic motives can be considered valid for the purposes of applying the aforementioned special regime.
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