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A query was raised regarding whether a municipality can set different tax rates within its ordinance for the ICIO (Tax on Construction, Installations and Works). The Directorate-General for Tax (DGT) ruled that, while local authorities have the autonomy to set the rate, it cannot vary based on the type of construction or installation.
Cuestión planteada ¿Se puede establecer por ordenanza fiscal tipos de gravamen diferenciados en este impuesto?
El ayuntamiento tiene autonomía para fijar el tipo de gravamen del ICIO sin exceder el cuatro por cien. Sin embargo, esta autonomía no permite establecer distintos tipos de gravamen para diferentes tipos de construcciones, instalaciones u obras. La fijación del tipo debe respetar los márgenes establecidos por la ley.
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