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V2253-18 26 July 2018 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial de fusiones

Merger of a German entity may qualify for special CIT regime if legal requirements and valid economic reasons are met

A German credit institution has enquired whether its merger operation can apply the special regime for European companies. The Directorate General for Tax (DGT) indicates that this is possible provided that commercial and tax requirements are met, and the operation's primary purpose is not fraud or tax advantage.

The question raised

Question posed: Whether the described operation could qualify for the special tax regime provided for in Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax.

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