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A taxpayer inquired whether processing an ownership proceeding to register an inherited property is subject to tax. The DGT ruled that these procedures are considered onerous transfers of property unless it can be demonstrated that the tax was already paid during the original acquisition.
Cuestión planteada Tributación de la operación.
Los expedientes de dominio y las actas de notoriedad tienen la consideración de transmisión patrimonial onerosa para el Impuesto sobre Transmisiones Patrimoniales. El hecho imponible devenga con la formalización de dicho expediente o acta. Solo se evitará la tributación si se acredita haber satisfecho el impuesto o la exención/no sujeción por la transmisión cuyo título se supla con el nuevo documento.
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