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V2830-23 ·19 October 2023 ·consulta-vinculante Medium impact
Tax

ITPAJD tax base for real estate shall be the reference value, unless the declared price or value is higher

A taxpayer inquired how to determine the tax base for the purchase of a commercial premises where the price is below market value due to a nominal lease agreement. The DGT clarified that the cadastral reference value must be applied or, failing that, the highest of the following: the declared value, the agreed price, or the market value.

In 6 key points

How it affects those involved

This ruling clarifies the hierarchy of values used to calculate the tax base for Transfer Tax (ITPAJD), preventing taxpayers from using artificially low prices to reduce tax liability.

Lifecycle

2023-10-19PublishedPublished 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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