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V0750-16 ·25 February 2016 ·consulta-vinculante Medium impact
Tax

Rectification of excess area without wealth increase is not subject to transfer tax

The inquirer asks whether a deed for the rectification of excess area, intended to align registry records with physical reality, is subject to Transfer Tax (ITP) and Stamp Duty (AJD). The DGT rules that no transfer occurs if only the measurements of a property with already defined boundaries are being rectified.

In 6 key points

How it affects those involved

This ruling clarifies that administrative corrections of property dimensions do not constitute a taxable transfer, provided the property boundaries remain unchanged.

Lifecycle

2016-02-25PublishedPublished 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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