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Affectation of Assets: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Settled doctrine High confidence 9 rulings · 2014–2021

Current position

To determine the affectation of real estate in the transfer of securities and to prevent tax avoidance, VAT regulations must prevail over IRPF (Personal Income Tax) regulations. The VAT exemption on the transfer of shares does not apply if the purpose is to avoid tax through real estate that is not used for business or professional activities. In the case of public universities, the exemption from local taxes (IBI or IVTM) requires that the asset be used for their purposes and be of a requested nature.

The DGT's position remains constant in applying VAT regulations to determine the affectation of assets in the transfer of securities. It is confirmed that affectation to economic activities prevents the application of the tax avoidance exception. Likewise, the criterion is maintained that exemptions for public universities are of a mixed nature and must be formally requested.

Turning points

  1. V0639-14

    Establishes that to determine the affectation of an asset for the purposes of article 108 of the LMV, VAT regulations must be applied and not those of the IRPF.

  2. V0537-21

    Reiterates and confirms that to determine whether real estate is used for the activity, VAT regulations must prevail over those of the IRPF.

Analysis based on 9 of 9 rulings with a stated position. Updated 29 September 2026.

Rulings on this topic

9
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