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V0189-16 20 January 2016 · SG de Fiscalidad Internacional Criterion in force
IRNR · ganancia patrimonial

Spain may tax the sale of shares in a company whose main asset is a public domain concession

A company resident in South Korea sold all the shares of a Spanish company. The inquiry examines whether the capital gain may be taxed in Spain under the Double Taxation Convention between both countries.

The question raised

Question raised: Taxation of the capital gain derived from the transfer of shares in company A.

The DGT's ruling

The gain from the disposal of shares in a company whose assets consist mainly of real estate may be subject to taxation in the State where such assets are located. Since the granting of a public concession is a real right over real estate according to the Civil Code, it is considered real estate for the purposes of the Spanish-Korean Convention. Therefore, the capital gain is subject to taxation in Spain at 19%.

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