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A dormant company proposes dissolution by allocating a property to the majority shareholder and providing compensation to the minority shareholder. The DGT rules that the transaction is subject to Stamp Duty (ITP and AJD).
Cuestión planteada A qué tipo tributaría la disolución cuya liquidación se llevaría a cabo adjudicando la totalidad de la vivienda al socio que posee el 99% de las acciones, quien compensaría al otro socio el valor correspondiente al 1%.
La disolución de sociedades es una operación societaria sujeta al ITP y AJD. La base imponible será el valor real de los bienes y derechos entregados a los socios, sin deducir gastos ni deudas. El tipo impositivo aplicable es el 1%.
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