Legal Bulletin



Treatment of exempt income in the merger of companies with similar economic activities

DIAN determined that in some cases the absorbing entity can still apply the exempt income treatment of the absorbed entity


Through its Revenue Ruling No. 20876 of August 4th 2017, DIAN addressed the merger of two companies, one of which had an exempt-income treatment granted for the sale of oil palm. The petitioner inquired whether the tax-exempt income applicable to this activity could be used by the absorbing entity after the merger.

DIAN concluded that the absorbing company can still benefit from the exemption, taking into account that the absorbing entity, in that case, will continue with the economic activity that granted the tax exemption in the first place.