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V0756-14 ·19 March 2014 ·consulta-vinculante Medium impact
Tax

Donation of company shares is taxed in the donee's Autonomous Community, unless deemed real estate

A query was raised regarding which Autonomous Community has jurisdiction over Inheritance and Gift Tax for the donation of shares in a company whose sole asset is a property in Andalusia. The DGT ruled that, as a general rule, taxation occurs where the donee resides; however, if the shares are classified as real estate under the Securities Market Law, jurisdiction lies with the Autonomous Community where the property is located.

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2014-03-19PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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