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Generic Tax Name Capital tax - Tax on capital transfers and documented legal acts
Tax name in the national language Impuesto sobre transmisiones patrimoniales y actos jurídicos documentados
Tax name in English Tax on capital transfers and documented legal acts
Member State ES-Spain
Tax in force since 1993/09/24
If abolished, date on which the tax ceases to apply
Business version date 2015/01/01
Version date 2015/02/17
This file was last updated on

Type of tax
Direct taxes Personal income tax
Corporate income tax
Other

Indirect taxes VAT
Excise duty (EU harmonised)
Alcoholic beverages
Energy products and electricity
Manufactured tobacco
Other

Social security contribution Employers
Employees
Other
 
Legal base

Royal Legislative Decree No 1 of 24 September 1993 approving the revised version of the Law on the tax on capital transfers and documented legal acts; Royal Decree No 828 of 29 May 1995, approving the regulation on the tax on capital transfers and documented legal acts.

 
Who sets
The tax rate is set by




The tax base is set by




The reliefs are set by




Comments
 
Beneficiary





Comments

 
Geographical Scope

The Spanish Territory

 
Taxpayers

-In the case of capital transfers:

·creation of rights in rem: the beneficiary;

·guarantees: the creditor;

·leases: the lessee;

·pensions: the pensioner;

·government concessions: the concessionaire.

-In the case of corporate transactions:

·the company, except where it is dissolved or its capital is reduced, in which case the members;

·the company, where the transactions are in the form of contributions to meet losses.

-In the case of documented legal acts: the recipient of the asset or right, or the persons requiring or requesting the documents, or those on whose behalf they are sent.

 
Tax object and basis of assessment

This is a residual duty historically prior to VAT and charged where VAT is not applicable. It is levied on:

-capital transfers;

-corporate transactions (‘capital duty');

-documented legal acts.

The duty is payable on the following capital transfers:

-inter vivos transfers, for consideration, of all classes of assets and rights held by natural or legal persons not subject to value-added tax;

-the creation of rights in rem, the provision of guarantees, leases, pensions and government concessions.

To comply with Community law, the term ‘corporate transactions' covers formation, the increase of capital, change of registered office, contributions by members to cover losses, and winding-up with allocation of contributions to members. Increases in capital through incorporation of reserves made up exclusively of share-issue premiums are exempt. Mergers and similar measures of company reorganisation are exempt. This is what is known as ‘capital duty' in Community legislation.

‘Documented legal acts' means:

-notarial deeds;

-commercial transfer and transaction documents;

-the acquisition, transfer and recovery of peerages and titles.

-Capital transfers: the real value of the asset transferred or of the right created or assigned, subject to special rules in certain cases.

-Corporate transactions:

·formation of limited liability companies and increase of their capital, the nominal value of the capital;

·transactions by companies other than the above: the real value of the assets contributed;

·conversion: the liquid assets of the company on the day of the agreement;

·reduction of capital and the dissolution of a company: the real value of the assets and rights transferred to members;

·merger: the amount of share capital of the new entity created or the increase in the capital of the acquiring company;

·the transformation of companies is no longer subject to the tax on corporate transactions (impuesto de operaciones societarias);

·contributions to meet losses: the real value of the assets contributed.

-Documented legal acts: the value declared, the sum drawn, the nominal value, the value of the right guaranteed or established, subject to special rules as appropriate.

 
Deductions, Allowances, Credits, Exemptions

Entity: central and regional government, public institutions, charities, public-benefit associations, the Spanish Red Cross, etc.

Subject matter: transactions specified in international conventions, certain mortgage market transactions, certain transactions by cooperative societies with special tax status, transfers and other acts and contracts arising from the consolidation of land and various other transactions in respect of certain categories.

 
Rate(s) Structure

-Transfer of immovable property: 6 % (7 % in some autonomous communities).

-Transfer of moveables: 4 %.

-Contracting of rights and leases: 1 %.

-Corporate transactions: 1 %.

-Notarial deeds on quantity or value, in certain circumstances: 0.5 %; use of stamped paper in certain circumstances: € 0.30 per standard sheet, € 0.15 per folio.

-Bills of exchange and commercial documents are taxed on a graduated scale.

Special rules apply in specific circumstances.

 
Tax due date

Property Transfers: the day the transmission is made

Documented legal acts and corporate operations : the day the act is formalized

 
Tax collector

The Autonomous communities

 
Special features

Beneficiary: The autonomous communities.

With effect from 1997, the autonomous communities can vary the rates of tax for transfers of immovable property, rights in rem, government concessions relating to the latter, and notarial deeds.

Some autonomous communities have made such changes.

 
Economic function







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Environmental taxes



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Tax revenue
ESA95 code d214ba + d214ca

Year
Annual tax revenue (millions)
Currency
Tax revenue as % of GDP
Tax revenue as % of total tax revenue
2012 5,776.00 EUR 0.55
2011 6,574.00 EUR 0.61
2010 8,228.00 EUR 0.76
2009 8,483.00 EUR 0.79
2008 10,344.00 EUR 0.93
2007 17,399.00 EUR 1.61
2006 18,958.00 EUR 1.88
2005 16,113.00 EUR 1.73
2004 13,132.00 EUR 1.52
2003 10,478.00 EUR 1.30
2002 8,150.00 EUR 1.09
2001 6,581.00 EUR 0.94
2000 6,140.00 EUR 0.95

Comments