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An individual has enquired whether contributing mortgaged real estate to a company is subject to corporate operations tax or onerous transfer tax. The DGT explains that if the transaction constitutes a corporate restructuring, it is not subject to corporate operations tax and is exempt from transfer tax. However, if it does not qualify as a restructuring, the portion of the debt assumed by the company could be taxed as an onerous transfer of assets.
The tax team reviews your specific situation.
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