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V2885-23 ·26 October 2023 ·consulta-vinculante Medium impact
Tax

Transfer of a share in a joint ownership by an individual is not subject to VAT

A query was raised regarding whether the transfer of a 20% ownership stake in a pharmacy from one joint owner to another is subject to VAT. The DGT ruled that if the transferring owner is not classified as a businessperson or professional, the transaction is not subject to the tax.

In 6 key points

How it affects those involved

This ruling clarifies that transactions involving the transfer of shares in a joint ownership (comunidad de bienes) fall outside the scope of VAT if the individual involved does not carry out economic activities as a businessperson or professional.

Lifecycle

2023-10-26PublishedPublished 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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