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A company enquired whether it could deduct outstanding VAT instalments from an entity absorbed during a tax-neutral merger, while being subject to pro rata rules. The DGT ruled that the absorbing entity subrogates into the right to deduction and must apply its own pro rata ratio.
This ruling clarifies the continuity of VAT deduction rights during mergers, confirming that the absorbing entity inherits the deduction rights but must apply its own pro rata rules for subsequent deductions.
The tax team reviews your specific situation.
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