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The DGT confirms that acquisition of real estate through judicially declared prescriptive right (usucapión) is not subject to ITPAJD, neither through onerous property transfers nor through documented legal acts.
Cuestión planteada Tributación de la prescripción adquisitiva o usucapión en el ámbito del Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados.
La adquisición por prescripción adquisitiva no está sujeta a transmisiones patrimoniales onerosas porque es un modo originario de adquirir la propiedad y falta el elemento de transmisión. Asimismo, no está sujeta a actos jurídicos documentados porque el documento que la acredita es una sentencia judicial y no una escritura, acta o testimonio notarial.
What is published here, applied to a company or a specific case. The first meeting is free.
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