SBLP 2023: Simplification of procedures regarding the transfer of tax losses and excess net financing costs

There is a proposal to remove the need for prior authorisation from the Minister of Finance for the use of tax losses in the case of corporate reorganisations in the context of the special taxation rules for groups of companies or changes in the ownership of more than 50% of the share capital or majority voting rights. These will now be automatic, except when it is concluded that the operation had tax evasion as its main objective or as one of its main objectives. This is considered to be the case, in particular, where the operation has not been carried out for valid economic reasons.

Along the same lines, there is a proposal for the deduction of the surplus of net financing costs not used in previous periods no longer to depend on an application to the Minister of Finance in the case of a change in the ownership of more than 50% of the share capital or majority voting rights if the criterion of the existence of valid economic reasons referred to above is met.