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Assignment or Transfer of Properties to Members and Facilitated Transformation of Companies into Simple Companies 

Published on 17 September 2023

Company: Assignment or transfer of non-instrumental properties for use and registered non-instrumental goods for use to Company Members.
Company: Possibility of transforming the capital or partnership company into a simple company.

Expires 30 September 2023 unless extended by the Revenue Agency.

Good morning to all readers,

this is an important measure. Taking action means being able to reap significant tax benefits and also having the possibility of reorganizing the company structure, also with a view to a possible future sale.

The assignment or sale of non-instrumental properties of partnerships and joint-stock companies must be analyzed in the value to be attributed to the properties, in particular in relation to the destination of the property by the shareholder who receives the property. If the shareholder is a natural person, it will be important to evaluate whether after the assignment or transfer he plans to keep the asset in his possession for more or less than 5 years.

The facilitated transformation of companies into simple companies offers a great opportunity in particular to real estate companies that manage properties for rent.
Also in this case, the operation gives the possibility of transferring ownership to the shareholders of properties that are not instrumental for use and registered assets that are not instrumental for use.

The VAT treatment or alternatively the registration tax must be carefully evaluated when applying the possible operations.

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