201703.15
0
1

Direct Taxation arising from the sale of a “Spanish real estate company” by a non-resident individual or corporation

Article 13.1.i).3º of the Spanish Non-resident Income Tax Act states that capital gains arising from the sale of shares of a Spanish company will be subject to this tax.  Additionally, article 24 of the mentioned Act provides that he taxable base will be determined in accordance with the rules established in the Spanish Personal Income…

201703.14
0
1

Indirect Taxation arising from the sale of a “Spanish real estate company” by a non-resident individual or corporation

As a general rule, transfer of shares in a Spanish company is exempted from Spanish Real Estate Transfer Tax (RETT) and Value Added Tax (VAT). In Spanish legal system, there is a significant difference in tax treatment between share transactions and real estate transactions. Therefore, an anti-avoidance rule was established to protect against real estate…