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A query was raised regarding whether a deed to change a property's use from office to residential in the Land Registry is subject to Transfer Tax (ITP) and Stamp Duty (AJD). The Directorate-General for Tax (DGT) ruled that, as the cadastral value remains unchanged because it was already registered as residential, there is no taxable value to apply the variable rate of Stamp Duty.
Cuestión planteada Si la referida escritura de cambio de uso del inmueble estaría sujeta al Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados.
Para que una escritura tribute por la cuota variable de AJD, debe tener por objeto cantidad o cosa valuable. El cambio de uso tiene contenido valuable cuando influye en el valor catastral del bien. Si el inmueble ya figuraba como vivienda en el Catastro, la escritura de cambio de uso no implica modificación del valor catastral y no tiene contenido valuable para la cuota variable.
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