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Transfer tax and stamp duty: Current situation and future proposals

In November 2021, approximately one year ago, this work was published focusing exclusively on the consideration of transfer tax and stamp duty, a State tax whose collection has devolved to the Autonomous Communities; for which its importance from the viewpoint of collection is not insignificant.

The work, with an equally complex structure, to which free access now offered, responds to the indisputable structural and technical complexity of this tax, which actually comprises three different legal concepts: transfers for consideration, corporate operations and transactions evidenced by legal documentation.

The book is divided into 17 chapters, ordered in accordance with the following structure:

  • General Considerations (Chapter I)
  • First Part: Transfers for consideration (Chapters II to V)
  • Second Part: Corporate Operations (Chapter VI)
  • Third Part: Transactions Evidenced by Legal Documentation (Chapters VII to IX)
  • Fourth Part: Common Issues (Chapters X to XII)
  • Fifth Part: Specific analysis of property-related and financial transactions (Chapters XIII to XVI)
  • General Conclusions (Chapter XVII)

The work seeks to analyse the most controversial issues of the tax, in its different forms, giving special relevance to its impact on business; given that although – due to conflict with VAT – this tax is predominantly applied in relation to individuals and non-business activities; it is true that it also impacts many business transactions and most particularly the financial and property sectors and the activity of businesses that act as concessionaires, in relation to the granting public administrative bodies.

The project steers away from very radical stances, and so, although it analyses the options for partial derogation of certain legal concepts that comprise transfer tax and stamp duty, in general it opts for a conservative option, although it certainly demands a thorough updating of its regime and application guidelines, with the aim of modernising the tax and adapting it to social and economic reality, without losing its most essential elements.

Having carried out the project with the participation of different social partners, – including the tax administrations of the Autonomous Communities of Andalusia, Aragon, Catalonia and Madrid– special thanks go to the AEB Foundation and CECA for their contribution to the financing of the project by signing both Collaboration agreements with Fundación Impuestos y Competitividad.