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V2895-17 13 November 2017 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión financiera

Financial spin-offs may qualify for special tax regime if majority ownership and valid economic reasons are met

A holding company has enquired whether segregating its real estate holdings into a new company qualifies for the special spin-off tax regime. The DGT indicates that this is possible provided that commercial requirements are met and majority ownership is maintained in the remaining activities.

The question raised

Whether the described operation could qualify for the special tax regime provided for in Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax.

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