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V1219-19 ·30 May 2019 ·consulta-vinculante Medium impact
Tax

ITP tax base is the real value of the property, not necessarily the purchase price

A query was raised regarding whether the tax base for Transfer Tax (ITP) must match the price stated in the purchase deed. The Directorate General for Tax (DGT) has ruled that the tax base is the real value of the asset, which does not necessarily have to equal the price agreed upon between the parties.

In 6 key points

How it affects those involved

This ruling clarifies that tax authorities may assess ITP based on the property's actual market value rather than the transaction price, potentially leading to higher tax liabilities if the sale price is below market value.

Lifecycle

2019-05-30PublishedPublished 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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