Skip to content
V0572-20 ·10 March 2020 ·consulta-vinculante Medium impact
Tax

Transfer of securities may be taxed as a property transfer if intended to evade VAT

The inquiry concerns the VAT implications of acquiring a share package in an entity whose assets are predominantly real estate. The DGT explains that while the transfer of securities is typically exempt, if it occurs in the secondary market with securities not admitted to trading and there is an intent to evade tax, it will be taxed as a transfer of real estate.

In 6 key points

How it affects those involved

This ruling clarifies that tax authorities may look through the transfer of shares to tax the underlying real estate if the transaction is deemed a mechanism for VAT avoidance.

Lifecycle

2020-03-10PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

Does this provision affect you?

The tax team reviews your specific situation.

Talk to the tax team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact