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V1890-25 14 October 2025 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · base imponible

The taxable base of immovable property transfer shall be the cadastral reference value or the higher of the declared amounts

A company wishes to purchase a property it currently rents, having converted it into olive groves through its own investments. The DGT clarifies how to determine the taxable base for Transfer Tax in this transaction.

The question raised

Tax base for the purposes of the Transfer Tax and Stamp Duty.

The DGT's ruling

The tax base shall be the reference value of the real estate cadastre as of the accrual date. If the declared value or the agreed price is higher than the reference value, the higher of these amounts shall be taken. In the absence of a reference value, the base shall be the higher of the declared value, the agreed price, or the market value. If the reference value is detrimental to the taxpayer due to the inclusion of property improvements, they may request the rectification of the self-assessment by contesting said value.

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