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V1453-22 20 June 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · prescripción

Statute of limitations on asset transfers prevents application of the gradual rate for documented legal acts

A taxpayer has enquired whether the tax liability for a private sale agreement from 1997 has expired and if formalising the contract as a public deed triggers the payment of the gradual rate for Documented Legal Acts (AJD). The DGT explains how to calculate the statute of limitations for private documents and clarifies that prescription does not transform a taxable act into a non-taxable one.

The question raised

Whether the right to assess the indirect tax accrued upon the transfer has expired, as well as the capital gains tax for the transferor in a private document and the IIVTNU.

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