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A taxpayer queried whether limiting the duration of an administrative concession allows for a refund of undue tax payments. The DGT ruled that the tax base is calculated by capitalising the annual amount and that a reduction in the term does not alter this base nor permit a refund.
This ruling clarifies that the tax base for Transfer Tax (ITP) and Stamp Duty (AJD) remains fixed based on the original capitalised value, even if the concession period is subsequently shortened, preventing taxpayers from claiming refunds based on the reduced duration.
The tax team reviews your specific situation.
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