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An agricultural company enquired whether the sale of its shares, following its conversion into a limited company, would be exempt from Transfer Tax (ITP). The DGT ruled that the transfer of securities in a non-traded secondary market is exempt, provided there is no intent to evade real estate tax.
Cuestión planteada Tributación de la venta de las participaciones de la futura sociedad mercantil limitada a efectos del Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados, en concreto en relación con la exención del artículo 314 del Texto Refundido de la Ley del Mercado de Valores aprobado por Real Decreto Legislativo 4/4015, de 23 de octubre.
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