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V0116-25 ·7 February 2025 ·consulta-vinculante Low impact
Tax

Recognition of ownership by judicial sentence is taxed as documented legal acts, not as property transfers

The consultant inquires about taxation under ITPAJD and Inheritance Tax after a judicial recognition of property ownership. The DGT states that since the act is mandated by a court decision and not voluntary, there is no patrimonial transfer, but rather a requirement to comply with documented legal acts.

In 6 key points

How it affects those involved

No patrimonial transfer occurs due to the act being legally mandated by a court decision, thus no tax liability arises under ITPAJD or inheritance tax, although compliance with documented legal acts is required.

Lifecycle

2025-02-07PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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