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V3762-15 26 November 2015 · SG de Tributos Locales Criterion in force
OTRO · iivtnu

Transfer of property from SAREB to a third party is subject to IIVTNU

A query was raised regarding whether the transfer of real estate by SAREB to a third party is subject to the Tax on the Increase in Value of Urban Land. The DGT has determined that the transaction is indeed subject to the tax and that the transferring entity is the taxable person.

The question raised

The taxpayer raises, in relation to the described operation, the following questions within the scope of the ITP/AJD:

The DGT's ruling

The transfer of real estate by SAREB to a third party is a transaction subject to the ITP/AJD. The exemptions for contributions or transfers made by SAREB do not apply when the transfer is made to a third party. The taxable person in this case is the transferor, i.e., SAREB itself, as it is a transfer for consideration.

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