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The inquiry examines whether a share exchange intended to create a subsidiary, followed by a total demerger, may qualify for the special regime under the Corporate Income Tax Act (LIS). The DGT concludes that this is permissible provided all legal requirements are met and the primary purpose of the transaction is not to obtain a tax advantage.
Cuestión planteada 1º) Si las operaciones descritas de canje de valores y escisión pueden acogerse al régimen fiscal especial del capítulo VII del título VII de la Ley del Impuesto sobre Sociedades 27/2014, de 27 de noviembre.
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