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The consultant asks whether the gratuitous creation of a preferential acquisition right over real property is taxable. The DGT determines that as it is a profitable and non-onerosive transfer, it is subject to Inheritance and Gifts Tax, not Transfer Tax.
Cuestión planteada Tributación de la operación.
La adquisición de un derecho de tanteo y retracto sin contraprestación constituye una transmisión lucrativa inter vivos. Por tanto, no está sujeta al Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados, sino al Impuesto sobre Sucesiones y Donaciones. La base imponible será el valor de mercado del derecho adquirido.
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