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V0419-17 16 February 2017 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · base imponible

The tax base for ITP and AJD shall be the declared value, unless the verification value or agreed price is higher

An individual has enquired about which value should be used to settle tax when purchasing a property from a bank. The DGT has ruled that the tax base is the real value, which shall be determined by the declared value or the result of administrative verification, whichever is higher.

The question raised

Which value must be taken into account to settle the tax: the purchase value (94,000 euros), the appraisal value (138,450.00 euros), or the cadastral value (33,863.25 euros).

The DGT's ruling

The tax base shall be the value declared by the interested parties, unless the Administration determines a higher value through verification or if the agreed price is higher than the declared one. In any case, the tax base shall be the higher amount among the declared value, the result of the value verification, or the agreed price or consideration.

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