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V0725-23 ·24 March 2023 ·consulta-vinculante Medium impact
Tax

Deed rectifying errors in property descriptions may be exempt from ITP if the error is proven

A taxpayer inquired whether a deed intended to correct an error in the description of two commercial premises is exempt from Transfer Tax (ITP). The DGT indicates that if the act solely aims to rectify an error that could lead to the nullity of the previous transfer, the exemption applies, provided that such error is irrefutably proven.

In 6 key points

How it affects those involved

This ruling provides legal certainty for taxpayers seeking to correct clerical or descriptive errors in property deeds without incurring additional tax burdens, provided the error is substantive and not a new transaction.

Lifecycle

2023-03-24PublishedPublished 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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