How the DGT's position has evolved
Current position
To apply the tax neutrality regime in a partial spin-off, the segregated assets must constitute a line of business, understood as an autonomous economic unit capable of functioning by its own means. This requires a differentiated business organization with material and human resources dedicated to its own economic exploitation. The mere transfer of isolated assets or real estate without prior management and organization does not meet this requirement.
The DGT's position remains constant in requiring a differentiated business organization for the segregated assets to be considered a line of business. No changes are observed in the definition of the economic unit, although it has been specified that in total spin-offs with proportional distribution of shares, it is not mandatory for the blocks to be lines of business.
Turning points
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Establishes that in a total spin-off with proportional distribution of shares, it is not necessary for the asset blocks to be lines of business, pursuant to article 76.2.1.a) of the Law on Corporate Income Tax (LIS).
Analysis based on 23 of 42 rulings with a stated position. Updated 19 August 2026.