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V0129-18 25 January 2018 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · concesión administrativa

The establishment of an administrative concession is subject to ITP, with the tax base determined by the sum of the capitalised fee and the reversion value

A query was raised regarding whether the award of a public transport concession is subject to Transfer Tax (ITP) and how its tax base should be calculated. The DGT has ruled that it is subject to the tax and that the tax base consists of the sum of the capitalised periodic fee and the value of the assets to be reverted.

The question raised

Whether the award of the concession constitutes a taxable event subject to the Transfer Tax and, if so, whether the tax base would consist of the capitalization of the annual fee, the net reversion value of the assets, or the sum of both.

The DGT's ruling

The establishment of administrative concessions is subject to the modality of onerous transfers of assets under the Transfer Tax (ITP), subject to specific exceptions. To determine the tax base, the main rules of Article 13 of the TRLITPAJD must be applied. In this case, the tax base results from the sum of the capitalization of the periodic fee (rule 3.b) and the value of the reversion fund of the assets (rule 3.c).

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