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A single-member company has enquired whether a capital reduction intended to increase voluntary reserves, without the distribution of assets to the shareholder, is subject to Stamp Duty (ITP and AJD). The Directorate General for Taxes (DGT) has ruled that while the transaction constitutes a taxable event for corporate operations, the tax base is zero.
This ruling provides legal certainty for companies performing capital reorganisations that do not involve an actual transfer of wealth to shareholders, confirming that no Stamp Duty is payable.
The tax team reviews your specific situation.
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