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V2996-14 4 November 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · canje de valores

Possibility of applying special IS regime for share contributions and spin-offs under residency, economic unit and valid reasons

A company inquired whether share contributions and partial spin-offs of an immovable business unit could qualify for the special corporate tax regime. The DGT confirms this is possible if the share exchange and spin-off conditions are met and the restructuring motives are economically valid.

The question raised

Whether the application of the special regime under Chapter VIII of Title VII of the consolidated text of the Corporate Income Tax Law is appropriate for the operations presented. And whether the grounds alleged are considered economically valid for these purposes.

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