11.5.1.3 Non-application of the special regime

The special regime will not apply when the operation carried out has fraud or tax evasion as its main objective. In particular, the regime will not apply when the transaction is not carried out for valid economic reasons, such as the restructuring or rationalisation of the activities of the entities involved in the transaction, but for the sole 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.