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V2747-14 13 October 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · fusión por absorción

The absorbed entity must file a CIT return upon dissolution and the absorbing entity integrates its income

A query is made regarding Corporate Income Tax returns and the income to be integrated in a merger by absorption. The DGT clarifies that the absorbed entity files a return upon dissolution and the absorbing entity integrates its income under the tax neutrality regime.

The question raised

Question posed: Which Corporate Income Tax returns must be filed by the participants in the restructuring project, both the absorbed and the absorbing entity, and where applicable the tax group, as well as the income that must be integrated into said returns.

The DGT's ruling

The tax period of the absorbed entity concludes upon its dissolution, following registration in the Mercantile Registry. The absorbed entity must file its return within 25 calendar days after six months from said conclusion. The absorbing entity and the tax group file their return under the general regime. Under the tax neutrality regime, the absorbed entity does not integrate income from transfers of assets in Spain and the income of the absorbed entity from accounting retroactivity is imputed to the absorbing entity.

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