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Consultants inquired about the taxes applicable to the heirs of sellers when a sale is rescinded due to non-payment. The DGT ruled that the recovery of the property does not constitute a new onerous transfer; instead, the deed must be taxed under the Stamp Duty (Actos Jurídicos Documentados) modality.
This ruling clarifies that the reversal of a sale due to breach of contract is not treated as a new transfer of property for tax purposes, but rather as a documented legal act, potentially reducing the tax burden compared to a standard property transfer tax.
The tax team reviews your specific situation.
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