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V0453-22 9 March 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · base imponible

In property auctions, the tax base shall be the reference value, unless the acquisition price is higher

The inquirer asks whether the acquisition value or the Cadastral reference value should be applied in a judicial housing auction. The DGT responds that, following the reform of Law 11/2021, the reference value prevails for real estate, unless the auction price is higher.

The question raised

Whether, when taxing the Transfer Tax, the reference and tax base should be the value of the acquisition or adjudication price or the reference value, whichever is higher in this case.

The DGT's ruling

In real estate transfers via auction, the tax base shall be the Cadastral reference value as of the accrual date. However, if the acquisition value or the agreed price is higher than the reference value, the higher of these amounts shall be taken. Article 39 of the RITPAJD only applies in full if the reference value does not exist or cannot be certified, in which case the acquisition value is considered the market value.

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