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A query is made as to whether the establishment of an Urban Compensation Board is subject to the Transfer Tax and Stamp Duty (ITPAJD). The DGT determines that there are no transfers of assets and that, should the Board have profit-making purposes, the operation would be exempt under the corporate operations modality.
Question posed: Taxation of the operation under the Transfer Tax and Documented Legal Acts Tax.
The establishment of a Compensation Board of a fiduciary nature does not constitute a transfer of assets. Regarding corporate operations, if the Board were to carry out lucrative activities, the deed would be subject to taxation, but the exemption for the incorporation of companies would apply. With respect to Documented Legal Acts, liability will depend on whether the deed contains valuable content and is registrable in the registries provided for by law, which does not occur by default if it is only recorded in an administrative registry.
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