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V0690-22 30 March 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · base imponible

In ITPAJD, the tax base is the reference value, unless the agreed price or declared value is higher

The applicant asks whether the maximum price regulated by the Community of Madrid can be used instead of the cadastral reference value for dwellings. The DGT rules that the reference value constitutes the tax base, unless the agreed price is higher.

The question raised

In those cases where the value of the real estate is established and limited (ORDER 116/2008, of April 1, of the Housing Department, which adapts and adjusts the maximum sale and rental prices of social housing to the provisions of Royal Decree 801/2005, of July 1, and its amendment by Royal Decree 14/2008, of January 11) by the Community of Madrid, should the cadastral reference value be applied, or would there be the possibility of settling based on the stipulated market value, as this is the real value of the property in question and its maximum price.

The DGT's ruling

In the transfer of real estate, the tax base is the cadastral reference value, unless the agreed price or the declared value is higher. The reference value may not exceed the market value, which includes the maximum sale price when such price is administratively limited. If the reference value is higher than the maximum price and the interested party considers it detrimental, they must file a self-assessment based on the reference value and subsequently request a rectification of the self-assessment.

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