According to the new paragraph 15-quater of Article 173 of the Consolidated Income Tax Act, the spin-off of a company and the subsequent transfer of the acquired participation are not relevant for income tax purposes.

In this regard, it is officially clarified that the spin-off of a business unit followed by the transfer of the participation does not constitute tax abuse, as it essentially represents the same transaction that occurs in the case of a contribution of a business unit followed by the transfer of the participation.