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V1512-22 ·24 June 2022 ·consulta-vinculante Medium impact
Tax

Taxable base for property acquisitions in insolvency proceedings: reference value or fixed price, whichever is higher

A query was raised regarding how to determine the taxable base for Transfer Tax (ITP) when acquiring property during the liquidation phase of insolvency proceedings, specifically when the price is lower than the cadastral reference value. The DGT ruled that the cadastral reference value shall apply, unless the purchase price or the declared value is higher.

In 6 key points

How it affects those involved

This ruling clarifies that for properties acquired through insolvency proceedings, the tax authorities will default to the cadastral reference value for tax assessment purposes if it exceeds the transaction price, ensuring tax consistency.

Lifecycle

2022-06-24PublishedPublished 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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