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A sole shareholder of a Spanish company agrees to the dissolution of the entity and is allocated its credit rights and debts. The DGT has determined that this operation is subject to Stamp Duty and Documented Legal Acts Tax.
Cuestión planteada Tributación de la operación.
La disolución de sociedades constituye una operación societaria sujeta al ITPAJD según el artículo 19.1.1º del TRLITPAJD. El sujeto pasivo es la sociedad en disolución y la base imponible es el valor real de los bienes y derechos entregados a los socios, sin deducción de deudas. El tipo de gravamen aplicable es del 1 por 100.
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