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V2626-23 28 September 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión parcial

Segregation of majority shareholdings may qualify for special demerger regime under certain requirements

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.

The question raised

Whether the separation of professional assets (excluding offices) from the remaining assets (office real estate and shares in companies) to facilitate the future transfer of the professional business and the safeguarding of the real estate assets can be considered economically valid for the purposes of Article 89.2 of Law 27/2014, of November 27, on Corporate Income Tax

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