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The Directorate General for Legal Certainty and Public Faith confirms that Land Registrars must suspend the assessment of inheritance partition deeds if proof of prior self-assessment or declaration of Inheritance and Gift Tax and the Tax on the Increase in Value of Urban Land is not provided (Art. 254 Mortgage Law). This measure aims to prevent tax fraud and ensure compliance with tax obligations (legal grounds).
For individuals processing inheritances, the registration of properties in the Land Registry is blocked until documentation proving tax compliance for the relevant taxes is presented (Art. 254 Mortgage Law). The Registrar is obliged to determine whether the document is subject to tax and may require proof of payment, exemption, statute of limitations, or non-liability (legal grounds).
The tax team reviews your specific situation.
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