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A company has requested clarification on whether a merger by absorption of another company within the same family group can benefit from the special tax neutrality regime. The Directorate General of Taxes (DGT) has ruled that this is possible provided the transaction meets the requirements of Article 76.1 of the Corporate Income Tax Act (LIS) and its primary objective is not tax fraud or evasion.
Question raised 1. Confirmation that the merger by absorption of B by A may be subject to the special tax neutrality regime provided for in Chapter VII of Title VII of the LIS.
If the transaction is carried out under Royal Decree-Law 5/2023 and complies with Article 76.1 of the LIS, it may benefit from the tax neutrality regime. This implies that income derived from the transfer shall not be included in the taxable base, nor shall market values be applied. However, the regime shall not be applicable if the primary objective is fraud, evasion, or the obtaining of a spurious tax advantage, pursuant to Article 89.2 of the LIS.
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