Article 130 provides a safe harbor from the General Anti-Avoidance Rules of this Section. It stipulates that these anti-avoidance provisions shall not apply to transactions where the primary purpose is the incorporation of a company to carry on a business previously conducted by a natural person. This recognizes that moving from an individual establishment to a corporate structure is a legitimate business evolution and should not be challenged as a tax-avoidance scheme, even if the corporate form offers different tax attributes than the individual form.
Part 4 - Avoidance of Double Taxation
Chapter 2 - Tax Avoidance between Persons or By Entering into Transactions
Section 2 - Cases of Avoidance by Entering into Transactions
Article 130
[GTL Notes: Company Incorporation Exception]
The provisions of this Section shall not apply to any transaction the main purpose of which is to incorporate a company for the purpose of carrying on a business which has been carried on by a natural person.
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