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V1963-22 ·15 September 2022 ·consulta-vinculante Medium impact
Tax

Capital reduction through transfer of real estate is subject to IIVTNU, with the company as the taxable person

A public commercial company has enquired whether the transfer of urban real estate as part of a capital reduction is subject to municipal capital gains tax. The DGT has ruled that this constitutes an onerous transfer subject to the tax, with the company acting as the taxable person.

In 6 key points

How it affects those involved

Companies undertaking capital reductions by transferring real estate assets must account for municipal capital gains tax (IIVTNU), as such transactions are classified as onerous transfers.

Lifecycle

2022-09-15PublishedPublished 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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