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The taxpayer asks whether the exemption from taxation for judicial usucaption applies if a voluntary agreement is formalised through a notarial deed. The DGT rules that, as it is not a judicial sentence, the transaction is classified as a donation, and the deed is subject to ITPAJD under the category of documented legal acts.
Taxpayers attempting to formalise property acquisition through voluntary usucaption agreements rather than judicial rulings will face tax liabilities under Stamp Duty (ITPAJD) as the transaction will be treated as a donation.
The tax team reviews your specific situation.
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