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A community of property engaged in real estate promotion seeks whether transferring a plot in an ongoing urbanisation, subject to urbanisation obligations, allows application of the passive subject investment. The DGT rules that real encumbrance due to urbanisation obligations does not constitute a real guarantee for applying this provision.
The absence of a real guarantee due to urbanisation obligations means that the passive subject investment rule does not apply to plots in ongoing urbanisation.
The tax team reviews your specific situation.
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