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V0974-20 ·21 April 2020 ·consulta-vinculante Medium impact
Tax

Taxable base for land subdivision includes both ground and airspace

A taxpayer queried which value should be declared in the deed for the subdivision of part of a rural estate containing buildings. The DGT ruled that the taxable base is the value of the subdivided estate and that, under the principle of accession, the value of the land includes both the ground and the airspace.

In 6 key points

How it affects those involved

This ruling clarifies that for tax purposes during land subdivision, the valuation of the land must account for the vertical space (airspace) above it, particularly when buildings are involved.

Lifecycle

2020-04-21PublishedPublished 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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