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A company sought clarification on whether reducing its capital to transfer real estate to a new company triggered Stamp Duty (ITP and AJD). The Directorate General for Taxes (DGT) ruled that while the operation is subject to the corporate transactions modality, the tax base is zero as no assets are being transferred to the shareholders.
This ruling clarifies that capital reductions involving asset transfers to new entities are technically subject to Stamp Duty under corporate transaction rules, but result in no tax liability if no assets are distributed to shareholders.
The tax team reviews your specific situation.
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