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V0298-22 17 February 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · base imponible

The reference value must be used for ITPAJD, unless the agreed price is higher

The inquirer asks whether ITPAJD should be settled based on the price set for social housing or the cadastral reference value. The DGT responds that the tax base is the reference value, provided it does not exceed the market value, which in this instance would be the administratively determined maximum sale price.

The question raised

At what value must the Transfer Tax and Documented Legal Acts Tax be settled when performing a sale and purchase, by the sale price fixed by the Community of Madrid or by the reference value indicated in the Cadastre?

The DGT's ruling

The tax base in onerous transfers is the reference value, unless the agreed price or the declared value is higher. The reference value may not exceed the market value. In dwellings with an administratively limited price, said maximum price constitutes the market value. If the assigned reference value exceeds the maximum sale price, the interested party must self-assess based on the reference value, but may request a rectification of the self-assessment.

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