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The inquirer asks whether tax should be paid based on the acquisition price or the Cadastre's reference value when purchasing a property. The DGT rules that the higher of the two amounts must be used.
Question posed: At what value should the Transfer Tax and Stamp Duty be settled when carrying out a sale and purchase, by the acquisition price to be paid or by the reference value indicated in the Cadastre?
The tax base for real estate is the reference value of the real estate cadastre. However, if the declared value or the agreed price is higher than said reference value, the higher of these amounts shall be taken as the tax base.
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