Full carry-forward of tax losses: when a company genuinely starts a new business activity

The Lecce tax judges clarify the conditions for the full carry-forward of losses provided by Article 84(2) TUIR for newly incorporated companies: the benefit applies only where the company launches a genuinely new productive activity, and not a mere continuation of pre-existing businesses.

For groups and extraordinary transactions the point is delicate: how the “new productive initiative” is qualified affects the tax planning of losses and must be documented with concrete elements (organisation, market, capital assets). The firm assists in verifying the requirements case by case.

Summary note by Studio Antolini, based on specialised tax sources. The text does not reproduce the original contributions and does not constitute professional advice.