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The applicant asks whether the transfer of shares in a company whose primary asset is a building is exempt from ITPAJD (Transfer Tax). The DGT rules that if the criteria for presumed evasion are met, the transaction will be taxed as a transfer of real estate.
This ruling clarifies that corporate restructuring or share transfers intended to circumvent real estate transfer taxes will be recharacterised for tax purposes, increasing the tax burden on such transactions.
The tax team reviews your specific situation.
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