How the DGT's position has evolved
Current position
The financial partial spin-off qualifies for the special regime if the segregated assets consist of majority holdings and the spun-off entity maintains a line of business or majority holdings in other entities. The operation must be carried out under commercial regulations and must not have a primary purpose of tax advantage. It is required that shareholders receive holdings in the beneficiary entity in proportion to their previous holding.
The DGT's position remains stable at the core of the criterion, requiring the segregation of majority holdings and the permanence of a line of business or holdings in the spun-off entity. The requirements for economic justification and compliance with commercial regulations have remained constant. No fundamental changes are observed, but rather a reiteration of the requirements of Articles 76 and 80 of the LIS (Corporate Income Tax Law).
Turning points
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Establishes that the spin-off does not apply the regime if the segregated holdings are not majority holdings, pursuant to Article 76.2.1º c) of the LIS.
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Specifies that the regime does not apply if the operation produces the same effects as a spin-off of assets that do not constitute lines of business.
Analysis based on 39 of 42 rulings with a stated position. Updated 15 September 2026.