Order — ECLI:EU:C:2010:586
Date: 2010-10-06
Language of the case: Spanish
Court formation: Eighth Chamber
Subject matter: Taxation;Indirect taxation
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary of the Order Tax provisions – Harmonisation of laws – Indirect taxes on the raising of capital – Capital duty charged on capital companies (Council Directive 69/335, Arts 11(a), and 12(1)(a)) Directive 69/335 concerning indirect taxes on the raising of capital, and, more particularly, Articles 11(a) and 12(1)(a) thereof, does not preclude legislation of a Member State that, in order to prevent tax avoidance in the context of the transfer of immovable assets by companies, subjects transfers of securities to tax on capital transfers when those transfers of shares represent shares in the share capital of companies the assets of which are at least 50% comprised of immovable property and when the purchaser has, following such a transfer, a position that allows it to exercise control over the entity at issue, even in cases in which, firstly, there was no intention to evade tax and in which, secondly, those companies are fully operational and the immovable properties cannot be dissociated from the economic activity carried out by those companies. (see para. 21, operative part)