Tax advantages: Companies benefit until May 31, 2025!

Tax advantages: Companies benefit until May 31, 2025!

On May 16, 2025, numerous companies will face crucial tax issues as part of restructuring. These can become more relevant through the preferential exclusion of operational properties until May 31, 2025. Companies that intend to remove real estate from their operations can achieve significant tax advantages. Walter Großmann, an experienced tax expert and head of the law firm “Großmann & Partner” in Bolzano, emphasizes that companies that are ceasing their activities in the near future or planning a generational change can particularly benefit from this regulation. SWZ reports that This opportunity represents a strategic opportunity for many.

However, restructuring of private companies and legal entities can also have complex tax consequences. It is essential to examine whether the restructurings trigger taxation or whether there are opportunities for tax deferral or exemption. T-R explains that When making such changes, companies strive to minimize tax burdens because there is usually no money flowing in and immediate tax payment is undesirable.

Tax aspects of restructuring

Companies should comprehensively analyze the potential tax consequences before any reorganization. A checklist of the relevant tax types is very important. The legal basis for restructuring is anchored in the merger law, while tax law is based on a general clause. In addition, the tax restructuring concept differs significantly from the civil law definition.

The tax assessment is primarily based on economic aspects and is based on the situation before and after the restructuring. Hidden reserves contained in assets play a crucial role. Companies have a strong interest in postponing the taxation of these hidden reserves as far into the future as possible. Loss carryforwards could expire in the event of restructuring or could be claimed for tax purposes.

Complexities and planning in restructuring

Planning for restructuring requires extensive consideration to effectively address tax consequences. Various types of taxes, including traffic and transaction taxes as well as property taxes, may become relevant during the course of the restructuring. Withholding tax obligations and stamp duties are also possible factors that companies need to consider.

The temporal aspects are of particular importance, especially with regard to the repercussions of restructuring. The comprehensive planning should also take into account the future flexibility of the company in order to be able to make adjustments and necessary changes in accordance with the tax framework conditions.