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V0449-20 ·26 February 2020 ·consulta-vinculante Medium impact
Tax

Changes to shared ownership shares are not subject to Stamp Duty if floor areas remain unchanged

A query was raised regarding whether adjusting the participation shares of a homeowners' association to align with the Land Registry triggers Stamp Duty (AJD). The Directorate General for Tax (DGT) ruled that no tax liability arises, provided the surface areas of the flats and premises are not altered.

In 6 key points

How it affects those involved

This ruling provides legal certainty for homeowners' associations seeking to rectify discrepancies between their internal records and the Land Registry without incurring unexpected tax costs, as long as the physical dimensions of the properties remain constant.

Lifecycle

2020-02-26PublishedPublished 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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