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A dominant entity plans to establish a UK subsidiary via a share swap, transferring 100% of its current subsidiary holdings. Tax authorities state the dominant entity may continue applying the special group regime if it maintains indirect control exceeding 50%.
Issue raised: Effects of the exchange of securities operation on the Special Regime for Groups of Entities
The parent entity may maintain the financial link indirectly through holdings in intermediate companies, even if these are not located within the territory subject to the Tax. If, following the exchange of securities, the parent entity maintains a percentage greater than 50% of the capital or voting rights of the subsidiaries, it may continue to apply the special group of entities regime provided that the other legal requirements are met.
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