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V0382-18 ·14 February 2018 ·consulta-vinculante Medium impact
Tax

No ITP due on corporate loans unless secured by real guarantee and public deed

A query was raised regarding whether Form 600 must be filed for loans received from a company. The DGT ruled that these are not subject to Transfer Tax (ITP) on onerous transfers; however, they may be subject to Stamp Duty (AJD) if a real guarantee is provided via a public deed.

In 6 key points

How it affects those involved

Companies receiving loans from other legal entities do not need to pay Transfer Tax, but must be aware of potential Stamp Duty obligations if the loan is secured by a real guarantee through a public deed.

Lifecycle

2018-02-14PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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