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V0142-19 ·21 January 2019 ·consulta-vinculante Medium impact
Tax

Confirmation of excess area in a registered property is not subject to ITP or AJD

A query was raised regarding whether a deed confirming excess area in a registered property is subject to Transfer Tax (ITP) or Stamp Duty (AJD). The Directorate General for Taxes (DGT) ruled that no transfer of land or taxable object occurs, and therefore no tax is due.

In 6 key points

How it affects those involved

This ruling clarifies that rectifying the registered surface area of a property to reflect its actual size does not constitute a taxable event, providing legal certainty for property owners and notaries.

Lifecycle

2019-01-21PublishedPublished 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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