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V2821-14 20 October 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · cesión global de activo y pasivo

Global transfer of assets and liabilities does not qualify for special Corporate Tax regime

A company sought clarification on whether segregating its leasing business through a global transfer of assets and liabilities could qualify for the special tax regime for mergers and demergers. The DGT ruled that this is not possible as the transaction does not fall within the scope of Corporate Tax provisions and entails the liquidation of the transferring company.

The question raised

Whether the described operation may qualify for the special tax regime of Chapter VIII, Title VII of the Recast Text of the Corporate Income Tax Law approved by Royal Legislative Decree 4/2004, of March 5.

The DGT's ruling

The global transfer of assets and liabilities regulated in Law 3/2009 does not correspond to the operations set forth in Article 83 of the TRLIS. Furthermore, as it entails the dissolution and liquidation of the transferring company, it does not meet the requirements of Article 83.1 of the TRLIS. Therefore, the operation must be taxed under the general regime.

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