Company mobility within the EU, cross-border changes and taxation
The European integration follows a rapid pace, increasing and promoting transactions between Member States of the European Union and boosting mobility in services, capitals, as well as natural and legal persons. Respectively, the legal framework regarding the mobility of companies between Member States, i.e. cross-border transformations and, in particular, companies’ mergers, change of nationality through transfer of their seat, is gradually enriched and is worthy of legal research, along with the relevant tax law issues.
For example, every legal person that has its tax residence, as well as its permanent establishment in Greece, is subject to exit tax for any transfer of assets from its head office, permanent establishment, tax residence or its business from Greece to a Member State or another third country, if Greece loses the right to tax these assets. Assets are in turn defined as those over which the taxpayer exercises control and from which he expects future financial benefits. The transfer of assets is the act whereby a Member State loses the right to tax the transferred assets, even though the assets remain under the legal or economic ownership of the same taxpayer.
Find out more in our newest article, published on protothema.gr (in greek).