Transfers Within a Qualifying Group – Article 26 – Corporate Tax Law

Article 26 – Transfers Within a Qualifying Group

1. No gain or loss needs to be taken into account in determining the Taxable Income in relation to the transfer of one or more assets or liabilities between two Taxable Persons that are members of the same Qualifying Group.

2. Two Taxable Persons shall be treated as members of the same Qualifying Group where all of the following conditions are met:

1. The Taxable Persons are juridical persons that are Resident Persons, or Non-Resident Persons that have a Permanent Establishment in the State.
2. Either Taxable Person has a direct or indirect ownership interest of at least 75% (seventy-five percent) in the other Taxable Person, or a third Person has a direct or indirect ownership interest of at least 75% (seventy-five percent) in each of the Taxable Persons.
3. None of the Persons are an Exempt Person.
4. None of the Persons are a Qualifying Free Zone Person.
5. The Financial Year of each of the Taxable Persons ends on the same date.
6. Both Taxable Persons prepare their financial statements using the same accounting standards.

3. For the purposes of this Decree-Law, where a Taxable Person applies Clause 1 of this Article:

1. The asset or liability shall be treated as being transferred at its net book value at the time of transfer so that neither a gain nor a loss arises; and
2. The value of any consideration paid or received against the transfer of the asset or liability shall equal the net book value of the transferred asset or liability.

4. The provision of Clause 1 of this Article shall not apply where, within (2) two years from the date of the transfer, any of the following occurs:

1. There is a subsequent transfer of the asset or liability outside of the Qualifying Group.
2. The Taxable Persons cease to be members of the same Qualifying Group.

5. Where Clause 4 of this Article applies, the transfer of the asset or liability shall be treated as having taken place at Market Value at the date of the transfer for the purposes of determining the Taxable Income of both Taxable Persons for the relevant Tax Period.