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V2671-22 29 December 2022 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión financiera

Special spin-off regime applicable if LIS requirements are met and valid economic reasons exist

The applicant asks whether the segregation of shares in an entity can qualify for the special spin-off regime. The DGT indicates this is possible provided that both commercial and tax regulations are satisfied, and that the transaction is driven by valid economic reasons rather than purely tax-driven purposes.

The DGT's ruling

For a financial spin-off to qualify for the special regime, the segregated assets must consist of a block of majority holdings and the spun-off entity must maintain majority holdings in other entities or a line of business. Furthermore, the operation must not have fraud or tax evasion as its primary objective, and must respond to valid economic reasons such as the restructuring or rationalization of activities.

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