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A company has enquired whether it can apply the tax reduction on income from intangible assets (Art. 23 TRLIS) to patents contributed by an individual shareholder. The Directorate General for Taxes (DGT) has ruled that this is not possible, as the individual cannot benefit from said reduction and no subrogation occurs in this instance.
This ruling limits the ability of companies to claim tax relief on intangible assets that were originally developed by individual shareholders through non-monetary contributions.
The tax team reviews your specific situation.
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