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A query was raised regarding whether a decrease in equity due to the distribution of dividends from the current financial year's profits constitutes a failure to meet the requirement of maintaining the capitalisation reserve. The Directorate General for Taxes (DGT) ruled that, as the results of the current financial year are not included when determining said increase, the distribution of dividends does not affect the maintenance calculation.
This ruling provides legal certainty for companies regarding the impact of dividend payments on their capitalisation reserve requirements, confirming that current year profits do not influence the maintenance of previously established equity increases.
The tax team reviews your specific situation.
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