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Practical Manual of Companies 2022.

Non-application of the special system

Regulation: Article 89.2 LIS

The special regime will not apply when:

  • The main objective of the operation carried out is fraud or tax evasion.

  • 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.