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V1674-18 13 June 2018 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · transmisión de valores

The acquisition of shares allowing control of an entity with real estate assets may be taxed as a transfer of real estate

A company that already owns 50% of an entity whose sole asset is real estate inquires whether the acquisition of the remaining 50% is taxed under ITPAJD. The DGT responds that, if the intention is to evade the real estate transfer tax, the operation will be taxed as such.

The question raised

Taxation of the operation.

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