Taxes on the purchase of a company by another company
Connect to companies in various forms is a requirement to meet the times of globalization and competition. It can raise the competitiveness of firms against other players in the market in the same industry may also bring tax benefits. The laws in force in Poland, including the Commercial Companies Code and Tax Law, which enshrined the principle of universal succession causes the merger of companies may or may not be convenient from the point of view of organization, as well as economic.
1st Takeover - incorporation, which occurs in the case of transferring all the assets of the company (acquired) to another company (the acquirer) for the shares that the acquiring company issued to shareholders of the company being acquired
2nd formation of a new company - a merger that involves creation of a capital company, which goes all the assets of the merging companies for shares in new company
The difference between the methods of combining the companies is that in the event of a merger by the formation of a new company, all the companies involved in connecting to lose their legal subjectivity. This method allows the incorporation of behavior by one of the company (acquiring company), its legal and organizational subjectivity.
Without going into a variety of ways to connect the various actors and the resulting variety of other consequences, which will be the subject of a separate study, we lean on the tax consequences of mergers of companies.
The Act provides that a company formed by merger: Commercial, personal and capital companies with all the joins required by the provisions of tax law rights and obligations of each of the merging companies.
Other provision of tax law, says the company resulting from: the transformation of another company, the transformation of the company without legal personality, enters all the required by the provisions of tax law rights and obligations of the transformed of the person or company.
This provision applies to the personal trading of the company resulting from the conversion, another company without legal personality, limited-liability companies, companies without legal personality, to which the person has applied to cover the contribution of your company.
The result is that the newly formed company is treated as a successor to its predecessors and pass on his powers of tax.