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V0761-18 21 March 2018 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · transmisión de valores

Acquisition of shares in a company with property used for economic activity is, in principle, exempt from ITPAJD and VAT

The applicant asks whether the acquisition of 100% of the shares in a company, whose sole asset is a rural estate used for economic activity, is subject to tax. The DGT rules that, as the property is dedicated to business activity, the conditions for tax avoidance are not met, and the transfer of securities retains its exemption.

The question raised

Taxation of the purchase of shares

The DGT's ruling

The transfer of securities is exempt from VAT and ITPAJD, unless there is an intent to evade the real estate transfer tax. In this case, as the property is an asset used in the business activity, the presumptions of evasion under Article 314 of the LMV do not apply. Therefore, the transaction remains exempt, without prejudice to the Administration's ability to verify the absence of intent to evade.

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