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ARTICLE · 19 JULY 2011

New Tax Treaty Between Spain And Germany

On 8 October, the Council of Ministers authorised the signing of a new Tax Treaty ("TT") between Spain and Germany.

SpainTax
Pedro Aguarón
Pedro Aguarón
Cristina Alba
Cristina Alba
Christian Brodersen
Christian Brodersen
Bruno Domínguez
Bruno Domínguez
Sonja Klein
Sonja Klein
Rodrigo Ogea
Rodrigo Ogea
Ocka Stumm
Ocka Stumm

On 8 October, the Council of Ministers authorised the signing of a new Tax Treaty ("TT") between Spain and Germany.

The TT was published on 18 March in the Spanish Official Congress Gazette. The following is a summary of what we believe to be the most relevant changes:

Capital Gains (Article 13 TT): Significant changes have been made in relation to the taxation of capital gains from the transfer of shares and corporate quotas:

  • Capital gains obtained from the transfer of shares or quotas, or similar rights, in a company whose assets directly or indirectly consist of at least 50% property located in a signatory State may be subject to tax in such State.
  • Accordingly, the profits obtained by Spanish companies from the transfer of shares in German companies whose assets are directly or indirectly comprised of at least 50% property located in Germany will be subject to taxation in Germany, notwithstanding the applicable exemptions existing under German law.

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