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An entity has requested clarification on whether contributing a portfolio of mortgage loans to a new company, and the subsequent transfer of its shares, is subject to Stamp Duty (ITPAJD). The DGT has determined that, depending on the nature of the transaction, the incorporation will be exempt and the transfer of securities will not be taxed as they do not constitute real estate.
The ruling clarifies the tax implications for corporate restructuring involving loan portfolios, confirming exemptions for incorporation and non-taxability for the transfer of securities.
The tax team reviews your specific situation.
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