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V1645-14 27 June 2014 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · ampliación de capital

Capital reduction through transfer of real estate is subject to ITPAJD for shareholders

A query was raised regarding the taxation of a capital increase followed by a capital reduction through the return of three properties. The DGT determines that the capital increase is exempt, whereas the reduction triggers the tax for the shareholders.

The question raised

Question raised: Taxation of the transaction.

The DGT's ruling

The capital increase is subject to and exempt from the tax, with the company being the taxable person. In the case of a capital reduction through the transfer of real estate, the taxable persons are the partners. The tax base shall be the real value of the real estate received and the tax rate shall be 1 per 100.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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