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V2763-21 11 November 2021 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial de fusiones

Mergers may qualify for special regime if carried out for valid economic reasons rather than tax advantages

The applicant asks whether the absorption of one entity by another can qualify for the special merger regime under Corporate Income Tax. The DGT indicates that the transaction may qualify for this regime if it meets commercial and economic requirements, provided its primary purpose is not tax fraud or evasion.

The question raised

Whether the proposed operation may benefit from the special tax regime set forth in Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax, and whether the grounds underlying the operation may be considered valid for the purposes of applying the aforementioned special regime.

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