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An entity inquired whether the public deed of an agreement intended to affect the position of its UK parent company regarding a mortgage-backed financing contract of its Spanish branch was subject to tax. The DGT ruled that, as it is an internal adjustment without economic substance, it is not taxable.
Cuestión planteada Si dicha escritura estará sujeta a la modalidad de Actos Jurídicos Documentados.
Para que un documento notarial tribute por la cuota variable de Actos Jurídicos Documentados deben concurrir conjuntamente varios requisitos, entre ellos que tenga por objeto cantidad o cosa valuable. En este caso, al tratarse de un ajuste interno de la entidad consultante, el acto no tiene contenido económico. Por tanto, la escritura no queda sujeta a dicha modalidad de impuesto.
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