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V0590-19 20 March 2019 · SG de Tributos Locales Criterion in force
OTRO · iivtnu

Accrual of IIVTNU occurs on the date of the deed exercising the leasing purchase option

A company inquired whether the accrual of the IIVTNU should be based on the date of the change in cadastral ownership following a leasing agreement. The DGT ruled that accrual takes place when ownership is transferred through the deed exercising the purchase option.

The question raised

Whether the date of accrual of the IIVTNU should be considered to be that corresponding to the acceptance of the change of cadastral ownership, i.e., 05/05/1994. In such a case, a ruling is requested regarding the statute of limitations of this tax following the formalization of the deed for the exercise of the purchase option between the financial entity and the consulting company.

The DGT's ruling

The IIVTNU accrues on the date of the transfer of ownership, which in a financial lease agreement is the date of the execution of the public deed for the exercise of the purchase option. The alteration of ownership in the Cadastre does not determine the accrual, as the Cadastre is an administrative registry and the data from the Land Registry prevail. Private agreements to transfer the tax payment to the acquirer do not affect the tax obligation towards the Administration.

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