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October 2023

Modification of information statements: Models 189 and 720

Order HFP/1180/2023 was published in the BOE of October 31, 2023, which modifies form 189, for the Annual Information Declaration on Securities, Insurance and Income, and form 720, for the Information Declaration on Assets and Rights Located Abroad.

Conflict No. 13. Value Added Tax. Filing of a family company for the improper deduction of input VAT in a property purchase and sale transaction. Purchasing company

The reported transactions consist, firstly, of the separation of two partners (MMDD and PPAA) from the entity DSM SLU by transferring their shares to the company, agreeing to deferred payment. Secondly, a sale of real estate by the company DSM SLU to a family-owned intermediary company (FRP SL) is agreed, of which the transferors of the shares and their children are the owners, with payment also being determined in a deferred manner and DSM SLU being subject to the special cash-basis regime.

Conflict No. 13bis. Value Added Tax. Improper application of the special cash basis regime in a cash real estate purchase and sale transaction. Selling company

The reported transactions consist, firstly, of the separation of two partners (MMDD and PPAA) from the entity DSM SLU by transferring their shares to the company, agreeing to deferred payment. Secondly, a sale of real estate by the company DSM SLU to a family-owned intermediary company (FRP SL) is agreed, of which the transferors of the shares and their children are the owners, with payment also being determined in a deferred manner and DSM SLU being subject to the special cash-basis regime.