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V0761-19 ·4 April 2019 ·consulta-vinculante Medium impact
Tax

Creation of a non-possessory pledge is taxed independently if the unitary loan treatment is not applied

A taxpayer has enquired about the taxation of a loan and a security interest (olive groves) established by their brother in their favour. The DGT clarifies that if the security is simultaneous with or provided for within the loan, only the loan is taxed; however, if not, the pledge constitutes an independent taxable event.

In 6 key points

How it affects those involved

This ruling clarifies the distinction between a single transaction and separate taxable events regarding loans and collateral, affecting how non-possessory pledges are assessed for Transfer Tax.

Lifecycle

2019-04-04PublishedPublished 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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