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An entity has requested clarification on whether purchasing all shares in a company with real estate assets is exempt from Transfer Tax (ITP). The Directorate General for Taxes (DGT) explains that the transfer of securities is exempt, unless it is intended to circumvent real estate taxes, which requires an analysis of the use of the assets and the purchaser's intent.
This ruling clarifies the boundary between the exempt transfer of securities and the taxable transfer of real estate, emphasizing that tax avoidance intent can trigger ITP liability.
The tax team reviews your specific situation.
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