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V1099-16 18 March 2016 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · arrendamiento financiero

Tax base for AJD on leasing purchase options without prior deed includes all unpaid instalments

A query was raised regarding the tax base for Stamp Duty (AJD) when exercising a purchase option in a leasing contract executed via a private document. The DGT ruled that, as the original constitution contract was not executed as a public deed, no AJD was settled on the periodic instalments; therefore, these must now be included in the tax base.

The question raised

What is the tax base for the Transfer Tax and Stamp Duty.

The DGT's ruling

In real estate leasing contracts, the purchase option deed must be taxed based on the proportional amount of Stamp Duty (AJD). If the formation of the contract was not executed via public deed, the periodic installments will not have been settled. In that case, upon exercising the purchase option through a public deed, the tax base must include both the purchase option amount and the installment amounts for the entire duration of the contract that have not been previously settled.

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