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V3092-17 ·28 November 2017 ·consulta-vinculante Medium impact
Tax

Modification of horizontal division is not subject to AJT if construction cost or land value remains unchanged

A query was raised regarding whether a deed rectifying the horizontal division of a development is subject to Stamp Duty (AJD). The DGT ruled that the mere modification of coefficients or floor areas does not trigger AJD if the value of the land or the construction remains unchanged; however, converting private elements into common elements (or vice versa) does incur taxation.

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2017-11-28PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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