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V2439-23 8 September 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión total

Demergers and mergers may qualify for tax neutrality if commercial and proportionality requirements are met

A funeral services group has requested a ruling on whether its reorganization, involving total demergers and an improper merger, can benefit from the tax neutrality regime. The Directorate General for Taxes (DGT) indicates that, provided commercial and proportionality requirements are satisfied, these operations could qualify for such treatment under Corporate Income Tax.

The question raised

1. Whether the described operations could 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.

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