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A query was raised regarding whether a deed cancelling a new build and horizontal division that has not been materialised should be subject to Stamp Duty on documented legal acts. The DGT ruled that it is not taxable as it lacks valuable content.
Cuestión planteada Si dicha escritura de cancelación debe tributar por el concepto de actos jurídicos documentados.
Para que un documento tribute por actos jurídicos documentados debe cumplir los requisitos del artículo 31.2 del TRLITPAJD: ser primera copia de escritura notarial, ser inscribible en el Registro de la Propiedad, tener contenido valuable y no estar sujeto a ITP o ISD. La escritura de cancelación de obra nueva y división horizontal no tiene contenido valuable, por lo que no cumple los requisitos para tributar.
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