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Two individuals have requested a ruling on the tax treatment of a share swap involving two companies whose primary asset is real estate. The DGT indicates that while the transaction is, in principle, a swap of securities, it could be taxed as a transfer of real estate if an intention to evade tax is proven.
Cuestión planteada Tratamiento fiscal de dicha operación en el Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados y en el Impuesto sobre la Renta de las Personas Físicas.
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