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V1211-21 4 May 2021 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · prescripción

The statute of limitations for ITP and AJD on private documents depends on the prevailing date for its calculation and the substantiation of facts

A query is made as to whether the ITP and AJD for a 1973 sale and purchase agreement has expired by limitation and which tax base would apply. The DGT indicates that the statute of limitations is a question of fact that must be resolved by the tax assessment office once the death of the signatories or the delivery of the document has been substantiated.

The question raised

Question posed: Confirmation that the Transfer Tax and Stamp Duty relating to the aforementioned sale and purchase agreement is expired by limitation and, in the event it is not, determining whether the tax base would be the 1973 sale price or the valuation assigned to the real estate property in the Inheritance and Gift Tax.

The DGT's ruling

For the calculation of the statute of limitations in private documents, the date of death of the signatories or the date of delivery to the public official must be taken into account, pursuant to the Civil Code. The determination of whether the tax has expired by limitation is a question of fact that must be substantiated before the tax assessment office. If there is no expiration, the legal regime and the valuation of the real estate property will be determined by the date of the private document that prevails for the purposes of the statute of limitations.

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