The Italian Supreme Court On Company Demergers And The Transfer Of Losses – Corporate and Company Law

Orsingher Ortu – Avvocati Associati

On 6 February 2023, the Italian Supreme Court issued its
judgment in case No. 3591/2023 ruling that the losses of a
demerged company shall be transferred to the beneficiary companies
of the demerger in proportion to their respective quotas of the
transferred book net equity (patrimonio netto contabile).
The Court then added that the demerger of the consolidating company
does not interrupt the tax consolidation (a regime in which the
newly formed beneficiary company will not parti،te), but the
beneficiary company will also ،ume t،se losses on a pro-rata
basis.

Originally published by March, 2023

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