Skip to content
Back to index
V0123-14 21 January 2014 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · transmisiones patrimoniales

Sale of movable property by a business owner is not subject to ITP and AJD

An individual has enquired about the taxation of the purchase and sale of a painting collection to a Swiss company. The DGT has determined that the transfer of movable property by a business owner as part of their professional activity is not subject to this tax.

The question raised

Taxation of the referred operation.

The DGT's ruling

The transfer of movable property carried out by a business person in the course of their activity constitutes an operation not subject to the concept of onerous transfers of assets. This is based on Article 7.5 of the TRLITPAJD, whose exceptions only apply to real estate transfers and do not extend to those of a movable nature.

Book your free first meeting