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V3664-20 29 December 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · escisión parcial

Requirements for the special partial demerger regime: the necessity of a business line

A transport company inquired whether the segregation of industrial warehouses, shareholdings in other companies, and personnel could qualify for the special partial demerger regime. The DGT ruled that, based on the facts presented, the operation does not appear to meet the requirements as the elements do not constitute an autonomous line of business.

The question raised

Whether the described operation could benefit from the tax regime provided for in Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax, and whether valid economic reasons exist.

The DGT's ruling

To benefit from the special partial demerger regime, the segregated assets must constitute a line of business, understood as a set of elements capable of operating by their own means. This requires a differentiated business organization that allows for the identification of an autonomous economic activity. If the operation only transfers isolated elements without forming an economic unit with management autonomy, it does not comply with Article 76.2 of the LIS.

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