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V3538-16 27 July 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · sede de dirección efectiva

Moving a company's tax residence to Portugal may trigger a capital gain in corporate tax

A Spanish company with all its assets in Portugal seeks advice on the tax consequences of relocating its tax and legal seat to Portugal. The DGT states that a change of tax residence requires accounting for the difference between market and fiscal value of assets, although exemptions or deferrals may be possible.

The question raised

1) Whether, as a consequence of the transfer of the registered and tax domicile to Portugal, a capital gain could be produced in the assets of the company.

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