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A company has requested a ruling regarding its status following a merger with two other companies through the creation of a new entity. The DGT has ruled that the new company, as the universal successor, must comply with the outstanding tax obligations of the dissolved entities.
Cuestión planteada El obligado tributario manifiesta:
La entidad de nueva creación resultante de la fusión debe cumplir las obligaciones tributarias pendientes de las entidades fusionadas una vez producida la extinción sin liquidación de las mismas. Al producirse una sucesión a título universal, se transmiten a la entidad adquirente los derechos y obligaciones tributarias de la entidad transmitente. Asimismo, la entidad adquirente asumirá el cumplimiento de los requisitos para continuar aplicando los beneficios fiscales.
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