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A taxpayer queried whether acquiring shares in a company dedicated to leasing premises constitutes a sale of shares subject to VAT or a transfer of real estate. The DGT ruled that the transfer of shares is typically exempt, unless used to circumvent real estate tax, or may be not subject to tax if an autonomous economic unit is transferred.
This ruling clarifies the distinction between the transfer of shares and the transfer of real estate assets, highlighting the risks of tax avoidance schemes and the specific conditions under which an autonomous economic unit is considered non-subject to VAT.
The tax team reviews your specific situation.
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