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V0243-22 11 February 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · usucapión

The notarial declaration of usucapion is subject to tax on Documented Legal Acts but not to tax on onerous transfers

A query is made as to whether the notarial formalization of the acquisitive prescription (usucapion) of real estate is subject to the ITPAJD. The DGT responds that there is no onerous transfer, but there is an inscribable notarial document that triggers the tax under the modality of documented legal acts.

The question raised

Question posed: In view of the new regulations and given that the existing binding rulings on the matter (V4035-15 and V1627-21) refer to cases of judicial rather than notarial resolution of the ownership file procedure, the interested party wishes to know if, in such a case, the notarial resolution would be subject to the Tax on Patrimonial Transfers and Documented Legal Acts.

The DGT's ruling

Usucapion is not subject to the modality of onerous patrimonial transfers due to the absence of the element of transfer. Nevertheless, the notarial document (deed or act) declaring the usucapion constitutes a taxable event for the variable rate of Documented Legal Acts. This is because the document is the first copy, contains valuable content, is inscribable in the Property Registry, and is not subject to the modality of onerous transfers.

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