News
Registration tax: when a business unit is transferred, goodwill is to be considered even if negative
- 05/02/2018
The Court of Cassation, with Judgment no. 979 filed on 17th January 2018, has stated that, where a business unit is transferred, the value of goodwill, for registration tax purposes, is to be considered not only when it is positive, but also when it is negative.
In the case at issue, the parties involved in the transfer of a business unit had agreed on a price which was lower than the overall value of the assets of that unit. The parties had established that the value of the goodwill was negative, in that the unit had been inactive for years and was expected to suffer future losses.
The Court has then ruled that, when the existence and the extent of a negative goodwill are not disputed, the registration tax has to be calculated taking into account the actual price of sale of a business unit and not the overall value of its assets.
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