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V1794-20 5 June 2020 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · operaciones societarias

Dissolution of a company is subject to Stamp Duty under the corporate operations modality

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.

The question raised

Taxation of the transaction.

The DGT's ruling

The dissolution of companies constitutes a corporate transaction subject to the ITPAJD pursuant to Article 19.1.1º of the TRLITPAJD. The taxable person is the company in dissolution and the tax base is the real value of the assets and rights transferred to the partners, without deduction of debts. The applicable tax rate is 1 per 100.

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