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A query was raised regarding whether the tax base for Transfer Tax (ITP) must match the price stated in the purchase deed. The Directorate General for Tax (DGT) has ruled that the tax base is the real value of the asset, which does not necessarily have to equal the price agreed upon between the parties.
Cuestión planteada 1. Si la base imponible del impuesto ha de coincidir necesariamente con el valor registrado en la escritura de compraventa como precio de adquisición.
La base imponible de la transmisión de un inmueble es su valor real, concepto que se asimila al valor normal de mercado. Este valor no tiene que coincidir con el precio fijado en la compraventa. El obligado tributario puede utilizar los valores publicados por la Administración mediante medios de comprobación de valores, los cuales serán vinculantes para la misma.
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