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V0685-17 15 March 2017 · SG de Tributos Criterion in force
ISD · autoliquidación

Rectification of Inheritance Tax self-assessments may be requested to recover undue payments

The inquirer asks about the valuation of a property affected by the Coastal Law in an Inheritance Tax self-assessment and the possibility of requesting a refund for undue payments. The DGT explains the procedure for rectifying self-assessments and notes that the taxable base is the real value of the assets.

The question raised

Self-assessment of Inheritance Tax, valuation of a property affected by the 1988 Coastal Law and the exercise of the right to the refund of undue payments. Valuation of the property.

The DGT's ruling

If a taxpayer considers that a self-assessment has harmed their legitimate interests or has resulted in an undue payment, they may request its rectification. The procedure allows for requesting the refund of the amounts paid in accordance with the requirements of the General Tax Law and the General Regulation for the Application of Taxes. In Inheritance Tax, the taxable base is the real value of the assets and rights transferred.

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