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What are the tax implications of restructuring my company?

Dear tax advisor,

my name is Benjamin Otten and I am the managing director of a medium-sized company. Lately, we have been considering restructuring our business in order to make our processes more efficient. This raises the question for me of what tax implications such a restructuring could have for my company.

Currently, we are organized as a GmbH, but we are considering switching to a different legal form or outsourcing parts of the business. I am concerned that the restructuring could lead to unexpected tax burdens that we have not budgeted for.

Could you please explain in more detail which tax aspects I need to consider when restructuring? Are there potential tax risks that I should take into account beforehand? What tax benefits could result from a restructuring?

I would be very grateful if you could provide me with your expertise to help me make decisions regarding the restructuring of my company.

Best regards,
Benjamin Otten

Benjamin Hohenadel

Dear Mr. Otten,

Thank you for your inquiry regarding the tax aspects of restructuring your medium-sized company. A restructuring can have various tax implications that need to be carefully examined to avoid unexpected burdens.

First and foremost, it is important to note that restructuring into a different legal form or a spin-off of parts of the company can have tax consequences. When converting a GmbH into a different legal form such as an AG or a partnership, tax regulations must be observed. For example, tax reserves may be dissolved, leading to tax burdens. It is therefore important to seek tax advice in advance to analyze the tax implications of such a restructuring.

Furthermore, you should consider potential tax risks in the context of a restructuring. For example, tax loss carryforwards may be lost or unforeseen tax obligations may arise. It is advisable to conduct a thorough tax analysis to identify potential risks and take appropriate measures to minimize them.

On the other hand, there may also be tax benefits from a restructuring. For example, tax optimizations can be made during the restructuring to reduce tax burdens. Tax advantages such as a more favorable tax treatment in the new legal form can also arise. Therefore, it is important to carefully examine the tax benefits of a restructuring to achieve optimal tax planning.

Overall, it is advisable to seek advice from an experienced tax advisor in the context of restructuring your company to analyze the tax implications and minimize potential risks. I am happy to provide detailed advice and support you in making decisions regarding the restructuring of your company.

Best regards,
Benjamin Hohenadel

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Benjamin Hohenadel