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A businessman transfers a commercial premises to his son and grants him a loan. The DGT examines whether the sale can be subject to Stamp Duty (AJD) through the waiver of the VAT exemption and the taxation of the loan.
Cuestión planteada Son dos las cuestiones planteadas:
Si se cumplen los requisitos de la Ley del IVA, es procedente renunciar a la exención para que la venta tribute en el ámbito del IVA y no por ITP. Esto permite aplicar la cuota variable del AJD si se documenta en escritura pública. Por otro lado, la concesión de un préstamo está exenta tanto en el ámbito del ITP y AJD como en el del IVA.
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