CHAPTER III

SPECIAL PROVISIONS

Exclusion from the basis of assessment for capital duty
Article 12
1
In the case of an increase in capital, the basis of assessment for capital duty shall not include the following:
a
the amount of the assets belonging to the capital company which are allocated to the increase in capital and which have already been subjected to capital duty;
b
the amount of the loans taken up by the capital company which are converted into shares in the company and which have already been subjected to capital duty.
2
A Member State may exclude from the basis of assessment for capital duty the amount of the capital contributed by a member with unlimited liability for the obligations of a capital company as well as the share of such a member in the company’s assets.
Where a Member State exercises that power, any transaction as a result of which the liability of a member is limited to his share in the company’s capital, in particular when the limitation of liability results from the conversion of a capital company into a different type of capital company, shall be subject to capital duty.
Capital duty shall be charged in all such cases on the value of the share in the company’s assets belonging to members with unlimited liability for the company’s obligations.
3
In the case of a contribution of capital as referred to in Article 3(c), following a reduction in the company’s capital as a result of losses sustained, that part of the contribution of capital which corresponds to the reduction in capital may be excluded from the basis of assessment, provided that the contribution of capital occurs within four years of the reduction in capital.