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V0144-22 28 January 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · transmisión de valores

The sale and purchase of shares in an entity with leased real estate assets is, in principle, exempt from Transfer Tax (ITP) and Stamp Duty (AJD) or VAT

A query is made as to whether the purchase of 100% of the shares of a company whose assets consist of leased real estate must be taxed as corporate operations or as transfers of assets. The DGT responds that the operation is a transfer of movable property which, as a general rule, is exempt from ITP and AJD or VAT depending on the status of the transferor.

The question raised

Question posed: Whether the aforementioned operation must be taxed under the modality of corporate operations or that of transfers of assets.

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