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A taxpayer inquired whether purchasing a partner's shares in two real estate companies is exempt from VAT and ITPAJD. The DGT ruled that while the transfer of securities is generally exempt, if it is carried out to evade real estate taxes, it will be taxed as if it were a transfer of real estate.
This ruling clarifies that the tax exemption for the transfer of shares can be disregarded if the transaction is deemed an artificial arrangement to avoid property-related taxes.
The tax team reviews your specific situation.
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