A great deal has already been written about the tax regime governing capital gains tax. So far, however, less attention has been paid to its legal and contractual implications in the context of an acquisition. Yet it is precisely in the share purchase agreement, commonly referred to as an "SPA" in M&A terminology, that certain risks, responsibilities and arrangements need to be clearly defined.

Capital gains on shares are not only an important tax issue. They can also play a significant role in the event of a divorce. In its judgment no. 25/2026 of 5 March 2026, the Constitutional Court clarified what happens to the capital gain on shares owned by one of the spouses.

Buying something online is quick and easy. But what if you change your mind as a consumer? In many cases, you can still cancel your purchase thanks to the right of cancellation. For businesses, however, the situation is different. In a B2B context, there is generally no statutory right of cancellation.