Article 3 of Decree-Law no. 38/2026 introduces a specific tax regime for negative goodwill recognised by IAS adopters in business transfer transactions. The amount recognised in the income statement is included in the IRES and IRAP tax base in five equal annual instalments, starting from the year of recognition, under a mandatory mechanism applicable to restructuring and business transfer transactions involving business continuity and employment preservation. The new rules raise significant interpretative issues, particularly regarding transactions already completed and the consequences of a subsequent failure to meet the statutory conditions.
Published in Euroconference News.
