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A consultation was made regarding whether a demerger carried out under Chilean law, involving the contribution of real estate in Madrid to a new Chilean company, is subject to the ITPAJD (Stamp Duty). The DGT determines that while it is not taxed as a corporate transaction, it is subject to the variable rate of Stamp Duty.
The ruling clarifies that real estate contributions in demerger processes, even if governed by foreign law, trigger Stamp Duty obligations in Spain via the variable rate mechanism.
The tax team reviews your specific situation.
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