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V2892-23 27 October 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión parcial

A non-proportional partial spin-off with a single beneficiary cannot qualify for the special Corporate Tax regime

The taxpayer asks whether a non-proportional partial spin-off involving a single beneficiary entity can apply the special regime for mergers and spin-offs. The DGT rules that this operation does not meet the requirements of either commercial law or Corporate Tax regulations.

The question raised

Whether the elements to be spun off could benefit from the special regime for mergers, spin-offs, asset contributions, and exchange of securities provided for in Chapter VII, Title VII of the Corporate Income Tax Law.

The DGT's ruling

A non-proportional partial spin-off operation in which there is a single beneficiary company does not meet the requirements of Article 76.2.1. b) of the LIS. Therefore, it cannot benefit from the special regime for mergers, spin-offs, asset contributions, and exchange of securities provided for in Chapter VII of Title VII of the LIS.

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