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A query was raised regarding whether the acquisition of a vehicle from a free port (the Canary Islands, Ceuta, or Melilla) and its transfer to mainland Spain, following the payment of customs duties (DUA), is subject to Transfer Tax (ITPAJD). The Directorate-General for Tax (DGT) ruled that the importation of goods does not constitute a taxable event for this tax.
Cuestión planteada Si debe tributar por el Impuesto de Transmisiones Patrimoniales y Actos Jurídicos Documentados en su modalidad de Transmisiones Patrimoniales Onerosas.
La entrada en el territorio peninsular o Baleares de bienes procedentes de Ceuta, Melilla o Canarias se considera importación. Al tratarse de una importación de bienes, la operación no queda dentro del ámbito del ITPAJD en su modalidad de transmisiones patrimoniales onerosas. Por tanto, la operación no está sujeta al impuesto.
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