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A company in insolvency proceedings has enquired whether the impact of the early termination of a hedging swap should be included in the limit for the deductibility of financial expenses. The DGT has ruled that this does not constitute an expense derived from corporate indebtedness, but rather an extraordinary expense resulting from the cancellation of the instrument.
This ruling clarifies that costs arising from the early termination of derivative instruments are treated as extraordinary expenses rather than financial expenses, preventing them from being restricted by the interest limitation rules.
The tax team reviews your specific situation.
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