Article 131 bis creates a specific anti-avoidance rule for small businesses. It overrides the incorporation exception of Article 130 if a taxpayer establishes one or more 'enterprises' primarily to benefit from the preferential tax provisions in Part Five bis (which offers lower rates for small entities). If the Authority determines that the creation of these multiple entities was intended to artificially split income and avoid higher tax brackets, it can apply the corrective adjustments of Article 131. This prevents larger businesses from fragmenting into smaller units to illicitly access small-business tax incentives.
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 131 bis
[GTL Notes: Enterprise Establishment Avoidance]
In exception from the provisions of Article 130 of this Law, the provisions of Article 131 thereof shall be applied if it is revealed to the Authority that the main objective for any transaction performed by the taxpayer was to avoid subjecting - wholly or partly - to due and payable tax for any tax year through the establishment of one or more establishment in order to benefit from the provisions stipulated in Part Five bis of this Law.
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