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V1410-16 6 April 2016 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · transmisiones patrimoniales onerosas

Loan granted by a company is not subject to ITP or AJD due to variable quota

A shareholder inquired whether a loan granted by their company is subject to ITP and AJD, and if Form 600 must be filed. The DGT ruled that no taxable event occurs as the company is an accountable person for VAT, and the variable AJD quota does not apply if the loan is not subject to registration.

The question raised

There are two questions raised:

The DGT's ruling

The granting of a loan by a VAT taxable person does not constitute a taxable event for the transfer of taxable assets modality. The application of the variable rate for Documented Legal Acts is not applicable if all requirements of Article 31.2 are not met, such as registrability in public registries. In the absence of a taxable event, there is no obligation to file Form 600.

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