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V0507-20 ·2 March 2020 ·consulta-vinculante Medium impact
Tax

Member liable for ITP in capital reduction of a protected cooperative

A query was raised regarding whether a cooperative member must pay Transfer Tax (ITP) upon the return of their social contribution following a capital reduction. The DGT ruled that the cooperative's tax exemption does not apply in this instance because the taxable person is the member, not the entity.

In 6 key points

How it affects those involved

This ruling clarifies that tax exemptions granted to cooperative entities do not extend to transactions where the member is the direct taxable person, potentially increasing the tax burden on members during capital restructuring.

Lifecycle

2020-03-02PublishedPublished 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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