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V0974-14 7 April 2014 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · arrendamiento financiero

Deed of cancellation of a real estate leasing contract is subject to Stamp Duty

A query was raised regarding whether the deed of termination of a real estate financial lease contains economic content. The DGT ruled that such a deed is subject to Stamp Duty (AJD) as it cancels the registered purchase option.

The question raised

Whether said deed has economic content.

The DGT's ruling

The deed of cancellation of a real estate leasing contract meets the requirements of Article 31.2 of the TRLITPAJD as it is a registrable and taxable deed. Upon cancelling the purchase option established in the original contract, the deed is taxed based on the proportional installment of documented legal acts. The taxpayer shall be the person requesting the execution of the cancellation deed.

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