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The taxpayer asks whether the donation of shares in companies with real estate assets should be taxed as movable or immovable property. The DGT rules that, as a general rule, these are movable assets, unless the evasion requirements set out in the Securities Market Act are satisfied.
This ruling clarifies the tax treatment of share donations, highlighting that tax avoidance schemes involving real estate assets through corporate structures may trigger real estate tax obligations.
The tax team reviews your specific situation.
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