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A query was raised regarding whether the contribution of a plot of land to a new company, including the assumption of its outstanding debt, is subject to Transfer Tax (ITPAJD). The Directorate General for Taxes (DGT) ruled that the portion of the contribution corresponding to the debt constitutes a dation in payment through the assumption of liabilities.
Cuestión planteada Tributación de la operación.
La constitución de sociedad está sujeta a la modalidad de operaciones societarias, pero se encuentra exenta. No obstante, en aportaciones de bienes y derechos junto con deudas, solo la diferencia neta cubre el capital social. La parte de la aportación que coincide con la deuda asumida por la sociedad constituye una transmisión patrimonial onerosa sujeta al impuesto.
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