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A query was raised regarding whether the deed of cancellation of new construction and horizontal division is subject to Stamp Duty (AJD) and whether it is possible to request a refund of undue payments. The DGT ruled that it is not subject to tax due to a lack of taxable content and stated it cannot rule on the refund of a tax liability that has already been settled.
Cuestión planteada Si dicha escritura de cancelación debe tributar y si se puede pedir devolución de ingresos indebidos.
La escritura de cancelación de la declaración de obra nueva y división horizontal no tributará por el impuesto de Actos Jurídicos Documentados al no reunir el requisito de tener contenido valuable exigido por el artículo 31.2 del TRLITPAJD. Respecto a la devolución de ingresos indebidos, la DGT no contesta por tratarse de un hecho imponible ya liquidado.
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