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The applicant inquired whether the separation of their professional assets, real estate, and social shares is economically valid for applying the special demerger regime. The DGT ruled that only the segregation of shares conferring the majority of share capital, which also maintain a line of business within the spun-off entity, can benefit from tax neutrality.
Cuestión planteada Si la separación del patrimonio profesional (sin incluir las oficinas), del resto de activos (inmueble de oficinas y participaciones en sociedades) para facilitar la transmisión futura del negocio profesional y la salvaguarda del patrimonio inmobiliario, se pueden considerar económicamente válidos a los efectos del artículo 89.2 de la Ley 27/2014, de 27 de noviembre, del Impuesto sobre Sociedades
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