Changes in capital structure and taxing consequences

December 2, 2019

A company has the right to transfer its tax losses for offsetting with profits for five tax years.

This right is lost if the direct or indirect participation in the legal entity’s share capital is changed to over 33% within the same fiscal year and simultaneously, a change happens, in the same or the following fiscal year, in its business activity, affecting the business turnover by more than 50%.

The above are also applicable in the case of mergers, split offs etc. under the use of the relevant laws on conversions, split offs etc.