The application of article 89 TRLIS in mergers and divisions of corporations. Around the participation in the capital of the transferor and the acquirer

Abstract

This paper aims to examine, within the scope of the special regime for mergers and divisions for this purpose in the TRLIS, the issue of the shares in the capital of the transferor and the acquirer, subject to regulation in article 89 of that statute. To this effect are being studied, among other issues, relating to the taxation applicable to both the income produced by the cancellation of the share that the transferor had in the acquirer, as that other income from the cancellation of the participation that the acquirer had the transferor. This is without prejudice to the analysis of other contentious issues especially as, for example, regarding the compensation of tax losses.