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VAT Implications of Capital Increase via Beneficial Ownership Contribution in Spain: DGT’s Ruling

This Spanish tax consultation addresses a company’s capital increase involving the contribution of beneficial ownership rights to leased premises. The Directorate General of Taxation (DGT) clarified that VAT applicability depends on the partner’s business/professional status and the property’s use in economic activity, with the tax base being the agreed consideration, potentially adjusted for related parties. Finally, the DGT confirmed that the consulting entity, as the beneficial owner, is the taxable person for VAT on the lease, responsible for all related tax obligations.

Source: crowe.com

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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