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V0507-20 2 March 2020 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · reducción de capital

Member liable for ITP in capital reduction of a protected cooperative

A query was raised regarding whether a cooperative member must pay Transfer Tax (ITP) upon the return of their social contribution following a capital reduction. The DGT ruled that the cooperative's tax exemption does not apply in this instance because the taxable person is the member, not the entity.

The question raised

Whether the partner must pay due to the reduction of the cooperative's share capital pursuant to the Recast Text of the Tax on Property Transfers and Documented Legal Acts.

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