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A company sought clarification on whether it could offset negative tax bases from previous financial years following a change in its share capital structure. The Directorate General for Taxes (DGT) ruled that offsetting is not permitted as the limitations regarding the acquisition of the entity have been met.
Companies undergoing changes in shareholding must be aware that acquiring a majority stake after previously holding less than 25% may trigger restrictions on the use of tax losses.
The tax team reviews your specific situation.
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