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A query was raised regarding whether a deed intended to correct an error in the identification of a sold property constitutes a new transfer or merely a rectification. The DGT ruled that it is only exempt if the error implies the nullity or non-existence of the original act; otherwise, it is considered a barter.
Cuestión planteada Tributación de la escritura de rectificación de error.
La escritura de subsanación solo estará exenta de Actos Jurídicos Documentados si el acto anterior estaba afectado por un vicio que implique su inexistencia o nulidad. Si no se cumplen estos requisitos, la rectificación se considera una permuta de bienes, tributando cada parte por el valor de lo que adquiere.
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