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V0241-22 11 February 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · actos jurídicos documentados

Transfer of a pharmacy is subject to Documented Legal Acts tax

A query was raised regarding whether the transfer of a pharmacy is subject to Documented Legal Acts tax and how to determine its taxable base. The DGT confirms that taxation applies as it is an act registrable in the Registry of Movable Property, noting that the Administration has discretion in choosing the valuation method.

The question raised

Treatment of the transfer of pharmacies regarding the Transfer Tax and Stamp Duty. Specifically, the following is requested:

The DGT's ruling

The transfer of a pharmacy constitutes an act subject to the Stamp Duty (Documented Legal Acts Tax) as it is registrable in the Registry of Movable Property. The tax base shall be the declared value of all assessable elements contained in the deed that have the possibility of being registered. The Administration possesses absolute discretion to choose the method for verifying values, provided it is suitable for the nature of the asset. The interested party may contest said valuation through a contradictory expert appraisal.

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