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Practical Income Manual 2021.

General scheme

Specific valuation standard

When merger operations occur between one or more entities with another existing one (merger by absorption) or two or more entities giving rise to a new entity (merger into a new company), as well as in spin-off operations (total or partial) of an entity, the partners of the merged or absorbed companies, deliver their shares and receive in exchange other shares of the companies acquiring their corporate assets. This gives rise to an alteration in the composition of the partners' assets that can translate into a capital gain or loss. Said capital gain or loss will be computed by the difference between:

  • Acquisition value of the titles, rights or securities representing the participation of the partner , and

  • Market value of the titles, cash or rights received or the market value of those delivered .

Company interests acquired before December 31, 1994

In this case, if a capital gain is obtained, the part of the capital gain that was generated prior to January 20, 2006 (the only one to which the reduction or reduction coefficients are applicable) must be distinguished from that generated later. to that date on which the reduction or abatement coefficients are not applicable.

The determination of the capital gain generated prior to January 20, 2006 and the application, where applicable, of the reducing coefficients will be carried out in accordance with the distribution rules discussed in section Determination of the amount of capital gains or losses: general rules, of this same Chapter.