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A taxpayer enquires whether a proposed share exchange across multiple companies meets fiscal neutrality criteria and valid economic rationale. The DGT states that neutrality applies if majority voting rights are acquired and Article 80 of the LIS requirements are fulfilled, provided it is not for fraud or evasion.
Cuestión planteada Si las operaciones proyectadas reúnen los requisitos para que sea de aplicación el régimen de neutralidad fiscal regulado en el Capítulo VII del Título VII de dicho texto legal, en especial en lo que se refiere a la existencia del motivo económico válido.
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