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A query was raised regarding whether a partial spin-off of a real estate developer could qualify for the special Corporate Tax regime. The DGT ruled that this is not possible if the transferred asset is an isolated item of property rather than a line of business with its own organisation.
Cuestión planteada
Para aplicar el régimen especial, la escisión debe transmitir ramas de actividad que constituyan unidades económicas autónomas. Esto exige que exista una organización de medios materiales y personales diferenciados para cada actividad en la entidad transmitente antes de la operación. Si el patrimonio segregado no permite el desarrollo de una explotación económica autónoma con medios propios, no cumple el artículo 76.4 de la LIS.
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