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A query was raised regarding who is liable for IBI when surface rights exist over part of a building: the owner or the holder of the surface rights. The DGT ruled that if horizontal division exists, they are treated as distinct assets; if not, the surface right supersedes the ownership right for tax purposes.
This ruling clarifies the tax liability for IBI in cases of surface rights, distinguishing between scenarios with and without horizontal division.
The tax team reviews your specific situation.
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