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A taxpayer inquired whether using funds from a daughter's protected assets to purchase Treasury bills necessitates the regularisation of tax benefits and if a public deed is required. The DGT ruled that no regularisation is necessary if the investment replaces the original asset and is managed in accordance with Law 41/2003. Furthermore, the purchase does not require a public deed, although the initial contribution of the securities does.
This ruling provides legal certainty for the management of protected assets, allowing for more liquid investments without triggering tax adjustments, provided the principle of substitution is maintained.
The tax team reviews your specific situation.
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