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A real estate owner inquires whether the contribution of housing to constitute a company is subject to ITPAJD. The DGT indicates that the treatment depends on whether the operation qualifies as a corporate restructuring according to the Corporate Income Tax Law.
Question raised: Taxation in the Transfer Tax and Documented Legal Acts Tax.
If the contribution is a restructuring operation, it will not be subject to the corporate operations modality, but it could be taxed via onerous transfers of assets or documented legal acts if the transfer of real estate is not covered by the exemption in article 45.I.B.10. If it is not a restructuring, the constitution of the company will not be taxed via corporate operations due to the exemption in article 45.I.B.11.
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