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Whether an entity holding 100% of another company can apply the exemption under Article 21 of the Corporate Income Tax Act when selling 70% of its shares. The DGT rules that this is possible provided the ownership and residence requirements are met, unless the company being sold is a patrimonial entity.
Cuestión planteada Si resulta de aplicación el artículo 21 de la Ley del Impuesto sobre Sociedades, quedando exentos los beneficios obtenidos por la venta del 70 por ciento de las participaciones sociales.
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