Non-application of the special system
Regulation: Article 89.2 LIS
The special regime will not apply when:
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The main objective of the operation carried out is fraud or tax evasion.
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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.
In the event that the verification actions of the Tax Administration determine the total or partial non-application of the special tax regime by application of the provisions of the previous paragraph, they will exclusively eliminate the effects of the tax advantage.