It confirms that an absorbing company is authorized to allocate or offset any favorable balance in the VAT declaration for the period in which the merger was formalized. However, the same does not apply to the obligation to declare taxable periods preceding the legalization and perfection of the merger agreement. Also it clarifies that previously, two independent corporate entities existed with the obligation to declare separately, specifying the name, business name, and Tax Identification Number (NIT) of the absorbed entity.
In conclusion, the filing of income, sales, and withholding tax declarations once the merger is completed, and the obligation must be fulfilled after the granting of the public deed formalizing this type of corporate reorganization, will be the responsibility of the absorbing company, with its NIT as well as its business name.
