Partner-attended · reply within 24 business hours
Corporate transactions, capital markets and strategic deals.
Independent assessment and rigorous valuation of assets and businesses.
Business reinvention, sustainability and wealth management.
Corporate governance, succession and transformation
International tax planning and cross-border structuring.
Regulatory compliance and tax reporting obligations.
Special regimes for individuals and digital assets.
Tax defense and wealth taxes
Corporate immigration, ICT transfers, investor residency, digital nomad and regularisation.
Employment relations, mobility and regulatory protection.
Protection, compliance and digital resilience
Data protection, DPO and AI regulation
Company formation, contracts, shareholder agreements and corporate operations.
Contracts, dismissals, redundancies and labour court representation.
Insolvency proceedings, fresh start, micro-enterprise procedure and dissolution.
Litigation, arbitration, mediation, IP and real estate law.
Accounting, reporting and outsourced financial management.
Entity management, governance and personnel administration.
Incorporation, incentives and business acceleration.
Risk management, continuity and recovery
New guides on the latest Spanish tax and immigration developments.
Practical tools for informed decision-making.
A taxpayer sought to execute a deed of rectification to include a share of a commercial premises not mentioned in a 1990 sale, claiming it was exempt from Transfer Tax (ITP). The Directorate General for Tax Affairs (DGT) ruled that, as there were no nullity defects in the original act, this does not constitute a rectification but rather a new transfer.
Question posed: Whether the referred rectification would be exempt from Transfer Tax and Stamp Duty since, although the sellers will not receive any price from the garage owners, the transfer cannot be considered subject to Gift Tax, but rather has an onerous character, given that the price must be understood as included in the price of the garage sale carried out at that time, and that, furthermore, the buyers will pay from that moment onwards the expenses and taxes affecting the transit premises.
The alleged rectification is a genuine transfer of assets because it does not seek to remedy the ineffectiveness of a previous act due to nullity or non-existence. Its nature shall be onerous or gratuitous according to the agreed terms, applying Transfer Tax (ITP) or Gift Tax respectively. The transfer is understood to be carried out at the current moment and cannot be backdated to 1990 for settlement purposes. The tax base shall be the cadastral reference value or the market value, whichever is higher.
Partner-attended · reply within 24 business hours
Quick message
We reply within 24 business hours. Confidential handling guaranteed.
Google Meet
Direct slot with the partner. Complimentary consultation · no commitment · cancel up to 24h in advance.
Loading availability…
We're fully booked for the next 14 days.
That's a good sign — and we won't leave you hanging.
Request callback
Tell us a time window and a phone number. A partner will call you back during the chosen slot.
< 24 h reply · direct with partner
Have a specific question? Tell us your situation in a sentence or two — a partner will reply within 24 business hours.
Complimentary 30-minute meeting with the partner responsible for your area. Google Meet or in person. Cancel up to 24h in advance.
Loading availability…
We're fully booked for the next 14 days.
That's a good sign — and we won't leave you hanging.
Tell us your preferred time slot and a phone number. A partner will call you back — no hold queues, no gatekeepers.
We use our own and third-party cookies to improve your experience. More information
Essential for the website to function. Cannot be disabled.
Help us understand how you use the site to improve it.
Enable relevant content and advertising.