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V3211-20 27 October 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · fusión por absorción

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

The applicant asks whether a merger by absorption between two real estate entities can apply the special merger regime. The DGT indicates that it must comply with commercial regulations and Article 76.1 of the Corporate Income Tax Act, in addition to having valid economic reasons.

The question raised

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

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