Skip to content
V1704-24 ·11 July 2024 ·consulta-vinculante Medium impact
Tax

Non-resident German taxpayer liable to Spanish IP due to real obligation from German company shares with Spanish property exceeding 50% of assets

A sole partner in a German GmbH & Co. KG that acquired a Spanish property financed by loans asks whether Spanish IP applies to the shares or the property. The DGT concludes that the Spain-Germany CDI (Art. 21.4) and Art. 5.1.b of the Spanish IP Law allow Spain to tax the shares because the Spanish property exceeds 50% of the company's assets. Share valuations follow Art. 16 of the IP Law, with debts reflected in the company's liabilities being deductible.

In 6 key points

Lifecycle

2024-07-11PublishedPublished 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