How the DGT's position has evolved
Current position
In tax neutrality operations, the absorbing entity subrogates into the tax rights and obligations of the transferor, including negative tax bases subject to legal limits. In succession agreements, beneficiaries subrogate into the value and acquisition date of the decedents if they transfer the asset before five years. For the deductibility of interest, a direct succession or financial concatenation between the cancellation of the previous loan and the new one is required.
The DGT's position is heterogeneous because the rulings address different subrogation scenarios (tax neutrality, successions, and deductibility of interest). In the field of tax neutrality, the criterion remains constant regarding the subrogation of rights and the validity of economic motives. No single doctrinal evolution is observed, but rather the application of specific rules for each legal scenario.
Analysis based on 43 of 50 rulings with a stated position. Updated 15 September 2026.