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A consultancy firm plans to donate a flat from a development to a municipality. The DGT rules that the generated capital gain is exempt from corporate tax and that the company can claim a charitable deduction, although the expense is not deductible.
Cuestión planteada
Las plusvalías por la donación de un inmueble a un Ayuntamiento quedan exentas del Impuesto sobre Sociedades según la Ley 49/2002. La entidad tiene derecho a una deducción en la cuota íntegra del 40% de la base de la deducción, siempre que la donación sea irrevocable, pura y simple. No obstante, la donación no se considera un gasto fiscalmente deducible para la base imponible.
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