The transmission of business establishments, commonly referred to as conveyance business, continues to exist and to be a swift and safe way to sell your business establishment.
AREAGESTxxi has, at your service, a team of professional consultants with great experience in many sectors of activity, especially in restoration.
We have been, over the last few years, responsible for the conveyance business of a several emblematic business establishments in Lisbon, particularly in the restoration and liquor sector, like as the Braancafé, the Confeitaria Nortenha, the Real Fábrica, the Moinho Vermelho, the Café Canas or the Sushi San.
The conveyance business consists in the transmission of the tenant position without the agreement of the landlord. However, the landlord has the preference right on the conveyance business and it should be communicated to him.
With conveyance business, in addition of the change of tenant, all the tangible and intangible assets that are part of the establishment are also transmitted to the new tenant, for example the furnishings, the utensils, the merchandise and the clients.
The conveyance business, or the transmission of a business establishment, can be done by a particular document, meaning, conveyance business contract or transmission of a business establishment contract agreement.
The conveyance business, or the transmission of business establishments, is not subject to VAT (value added tax), because the transmission of a patrimony, or part of it, which is likely to constitute a self-employment business, it is not considered a sale.
However, the conveyance business, or the transmission of a business establishments, is subject to stamp duty land tax. The payment must be done for the new tenant and the value it is 5% of the conveyance business value (Item 27 of the Stamp Duty Land Tax General Table).