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V2615-19 ·24 September 2019 ·consulta-vinculante Medium impact
Tax

Secondary market securities transfers exempt from ITP and AJD if no intent to evade tax

A query was raised regarding whether the transfer of shares in a real estate investment company is exempt from ITP and AJD under the Securities Market Law. The DGT ruled that the transfer of securities is exempt, unless the transaction is intended to evade the tax due on the transfer of the underlying real estate assets.

In 6 key points

How it affects those involved

This ruling clarifies the tax treatment of securities transfers, confirming exemptions while preventing the use of such transfers as a mechanism to bypass property transfer taxes.

Lifecycle

2019-09-24PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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