The Ministry of Finance has initiated the drafting of a bill to harmonize national legislation with the provisions of EU Directive 2009/133. The ministry is accepting proposals until June 9, 2026.
There is no general rule, but there are inaccuracies
In the current Moldovan legislation there is no general rule for the taxation of such transactions. The only thing that is unambiguous is that they should not be aimed at optimizing the tax burden.
At the same time, there are inaccuracies, especially with regard to the application of VAT and real estate tax, experts say.
“For example, it is unclear whether the VAT credit can be divided when dividing an enterprise,” says Tatiana Grinik, director of GR&TI. – And who pays real estate tax in what proportion is also not clearly stated anywhere”.
According to EU Directive 2009/133, the common tax system should prevent taxation of such transactions and protect the interests of the Member State where the transferring party or the acquired company is located.
If companies are taxable in the Member State of their tax residence, they may be treated by other Member States as tax transparent structures.
Given the different tax treatment of such companies, Member States should be entitled not to apply the relevant provisions of this directive when taxing their shareholders directly or indirectly.
Moldova will have to adapt the tax regime applicable to such procedures, as well as to settle all tax issues arising in this respect.
