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A taxpayer queried whether the sale and purchase of shares in an entity whose primary asset is a leased property is exempt from ITP and AJD. The DGT ruled that the transfer is exempt provided there is no intent to evade the tax that would otherwise apply to the direct transfer of the property.
This ruling clarifies the application of tax exemptions for the transfer of shares in real estate companies, reinforcing the principle that such transactions must not be used as a mechanism to circumvent property transfer taxes.
The tax team reviews your specific situation.
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