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A taxpayer queried whether controlling a foundation in Curaçao with its own legal personality meant that contributed assets remained theirs and distributions did not constitute transfers. The DGT ruled that controlling an entity does not nullify its legal personality or the ownership of its assets, except in cases of fraud or abuse.
This ruling reinforces the principle of legal separation between an entity and its controllers, providing legal certainty for asset management and preventing the automatic reclassification of transfers unless bad faith is proven.
The tax team reviews your specific situation.
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