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A Spanish company asked whether the dissolution of a entity in Madeira would be taxable in Spain, as the entity held shares in a Spanish company with immovable property in Spain. The DGT states that, generally, Spain has no taxing power over the transfer of shares if the transferor is not a Spanish resident, except in specific cases involving immovable property.
Cuestión planteada 1. Si la disolución de oficio de la entidad D por la autoridad de la Región Autónoma de Madeira tributará en la entidad I, dado que ha presentado declaración de contribuciones de los ejercicios 2008 a 2012 con número fiscal del Internal Revenue Service y de empleador y que es la propietaria de la primera desde 2008.
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