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V0450-20 26 February 2020 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · base imponible

Deed price prevails over certified value if the latter is lower than the agreed consideration

The inquirer asks whether they can settle the Transfer Tax (ITP) based on a value certified by the Administration that is lower than the actual purchase price. The DGT responds that, although the Administration may be unable to verify that certified value, the tax base shall always be the highest of three values: the declared value, the value determined through verification, or the agreed price.

The question raised

Whether it would be correct to self-assess the Transfer Tax and Documented Legal Acts Tax based on that real value without it being subsequently subject to verification by the Administration.

The DGT's ruling

The tax base is the real value of the transferred asset. If the declared value or the value resulting from verification is lower than the agreed price or consideration, the latter shall be taken as the tax base. Therefore, if the price in the deed is 475,000 euros, it prevails over the certified value of 210,000 euros.

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