- Transfer of assets from ALFA s.r.l. to BETA does not qualify as a going concern for VAT and direct tax purposes
- Intangible assets were never licensed to related company DELTA
- Physical assets acquired from DELTA are considered individual goods by the Applicant
- Limited functional connection between intangible and tangible assets
- Transfer of going concern requires functional and organizational link between assets
- Mere use of assets in production process does not automatically qualify as a going concern
- Intention of parties in transaction is relevant in determining transfer of going concern
- Discussion on definition of “azienda” under Italian law, case law on transfers of going concerns, and requirements for intra-Community acquisition of goods.
Source: agenziaentrate.gov.it
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
