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V2737-17 ·25 October 2017 ·consulta-vinculante Medium impact
Tax

Transfer value is the contractually agreed price, without applying reductions due to subsequent conditions

A taxpayer inquired about the taxation of a land sale where the contract included a clause reducing the price by half if a building permit was not obtained. The DGT ruled that the transfer value is the total contract amount and that any subsequent refund constitutes a capital loss.

In 6 key points

How it affects those involved

This ruling clarifies that conditional price reductions occurring after the sale do not reduce the initial transfer value for tax purposes, potentially increasing the taxable capital gain at the time of sale.

Lifecycle

2017-10-25PublishedPublished 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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