11.5.1.3 Non-application of the special regime

The special regime will not apply when the operation carried out has as its main objective fraud or tax evasion. In particular, the regime will not apply when the operation is not carried out for valid economic reasons, such as the restructuring or rationalization of the activities of the entities participating in the operation, but with the mere purpose of obtaining a tax advantage.

If the verification actions of the Tax Administration determine the total or partial non-application of this special regime, said determination will only imply the elimination of the effects of the tax advantage obtained by the application of said special regime.