Skip to content
Back to index
V2871-14 24 October 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · fusión por absorción

Merger by absorption may qualify for special tax regime if commercial and economic requirements are met

A company has requested clarification on whether its merger by absorption can qualify for the special tax regime. The DGT has ruled that this is possible provided that commercial regulations are complied with and the transaction is driven by valid economic motives rather than being solely for tax purposes.

The question raised

Question posed: Whether the proposed restructuring operation may qualify for the special tax regime established in Chapter VIII of Title VII of the consolidated text of the Corporate Income Tax Law, approved by Royal Legislative Decree 4/2004, of March 5.

The DGT's ruling

To apply the special regime, the transaction must be carried out under Law 3/2009 and comply with Article 83.1 of the TRLIS. Furthermore, pursuant to Article 96.2 of the TRLIS, the transaction must respond to valid economic reasons, such as the rationalization of activities, and must not have the primary objective of fraud or tax advantage. The presented reasons of cost savings, structural simplification, and improved solvency are considered economically valid.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

Email
Contact