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A query was raised regarding whether a deed intended to correct an error in the description of two premises acquired through a sale is exempt from tax. The DGT ruled that the exemption only applies if the correction aims to remedy the ineffectiveness of previous acts affected by non-existence or nullity.
Cuestión planteada Tributación de la escritura de subsanación de error involuntario.
La exención del ITPAJD para actos que salvan la ineficacia de otros anteriores solo procede si estos últimos están afectados de vicio que implique inexistencia o nulidad. Si no se cumplen estos requisitos, la subsanación se considera una nueva transmisión (permuta) y debe tributar por la modalidad de transmisiones patrimoniales onerosas.
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