In case of acquire of a business – legal entity by another one under the provisions of the law 2166/1993 the loss of both the acquired and the acquiring company cannot be transferred. Specifically, for acquires which the transformation balance sheets are prepared from 11.04.2012 onwards, only the loss of the past financial years is transferred of the acquiring SA or LtD in which the shares are transferred.

If the transformation is done with the provisions of the law. 1297/1972, only the loss of the acquiring company, not the absorbed company, is transferred.

In the case of a merger or split of companies under the Article 54 of Law 4172/2013, the acquirer may transfer the losses of the transferor (absorbed or spilt) under the same conditions as would apply to a transferring company if the merger or the split had not have happened.

In case of conversion, either by the law 2166/1993, or by the law no. 1297/1972 (eg a LtD company is converted into SA), the transformation loss is not transferred.