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A company has requested a ruling on whether the indirect participation of a family group in an entity should be considered when applying the limitation on the offsetting of tax loss carryforwards. The DGT has stated it cannot issue a ruling as it is unable to determine whether a relationship exists between the shareholders and the entity.
This ruling highlights the difficulty in applying tax loss limitations when the indirect ownership structure or the relationship between shareholders and the company cannot be clearly established, potentially affecting the ability to offset losses.
The tax team reviews your specific situation.
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