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The DGT establishes that tax arises on the date the agreement is formalised, with the public deed date being relevant.
Cuestión planteada Momento del devengo del ITPAJD en la operación planteada
La reducción de capital con devolución de aportaciones es una operación societaria sujeta al ITPAJD. El sujeto pasivo es el socio y la base imponible es el valor de los bienes recibidos. El devengo ocurre el día de la formalización del acuerdo, siendo la fecha de la escritura pública el dato relevante para este cómputo.
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