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The applicant asks whether acquiring a property through a preferential option following a lease agreement allows for an exemption based on the right of pre-emption. The DGT rules that, as this constitutes a right of first refusal (tanteo) rather than a right of pre-emption (retracto), the transaction is subject to tax.
The ruling clarifies that the tax exemption applicable to the right of pre-emption (retracto) cannot be extended to the right of first refusal (tanteo), meaning such acquisitions will incur Transfer Tax liabilities.
The tax team reviews your specific situation.
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