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A query was raised regarding the taxation and the taxable person in the acquisition of 100% of the shares of an entity whose assets consist primarily of real estate not used for business activities. The DGT ruled that, as the objective requirements for tax avoidance are met, the transaction will be taxed as a transfer of immovable property.
This ruling clarifies that transactions involving entities with significant non-business real estate holdings may be recharacterised for tax purposes to prevent tax avoidance, potentially increasing the tax burden on such acquisitions.
The tax team reviews your specific situation.
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