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V2266-19 21 August 2019 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión parcial

Special spin-off regime cannot be applied if transferred assets do not constitute a line of business

A dental services company has enquired whether it can apply the special partial spin-off regime when segregating its rental properties. The DGT has ruled that this is not possible because the properties do not constitute an autonomous economic unit.

The question raised

Question posed: Whether the described operation can qualify for the tax regime provided for in Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax and whether valid economic reasons exist.

The DGT's ruling

To qualify for the special partial demerger regime, the segregated assets must constitute a line of business, understood as an economic unit capable of operating by its own means. In this case, the assets intended for leasing do not constitute a line of business as they are isolated elements without the material or human resources that allow for the development of an autonomous economic exploitation. Therefore, Article 76.4 of the LIS is not met.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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