How the DGT's position has evolved
Current position
The location of services linked to real estate is determined by the place where the property is located. The transfer of securities is exempt from ITPAJD (Transfer Tax on Property Transfers and Deeds), unless an intent to evade tax regarding real estate owned by the entity is proven. Mining rights are considered real estate.
The DGT's position remains constant regarding the location of services linked to real estate, applying territoriality rules based on the location of the asset. No doctrinal change is observed, but rather an application of different criteria depending on the subject matter (IVA, IRPF, ITPAJD, or Wealth Tax).
Turning points
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Establishes that the exemption on the transfer of securities does not apply if there is an intent to evade tax on real estate and qualifies mining rights as real estate.
Analysis based on 42 of 44 rulings with a stated position. Updated 15 September 2026.