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A query was raised regarding which equity figures should be used to calculate the limit on returns on movable capital during capital reductions and the distribution of share premiums. The Directorate General for Taxes (DGT) ruled that the figures from the last financial year closed prior to the transaction must be used, regardless of whether the balance sheet has been formally approved.
This ruling provides legal certainty for companies performing capital restructuring or distributing premiums, establishing that the most recent closed financial year's data is the applicable benchmark, even if the formal approval process is pending.
The tax team reviews your specific situation.
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