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V1896-19 18 July 2019 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · vinculación ob rem

Taxable base for 'ob rem' linking of properties is the declared value of the annexed property

A query was raised regarding the taxable base for Stamp Duty (AJD) in the context of linking two properties belonging to a hotel. The DGT has determined that the taxable base shall be the declared value of the property being linked, excluding the value of the principal property.

The question raised

What is the tax base for the Transfer Tax and Documented Legal Acts Tax, under the documented legal acts modality, specifically notary documents, regarding the ob rem link of these estates?

The DGT's ruling

The ob rem link of estates is registrable in the Land Registry as it limits their free disposal. Since it has economic content, the tax base is determined by the general rule of Article 30.1 of the TRLITPAJD. In this case, the base shall be the declared value of the ancillary estate that is linked to the principal one, excluding the value of the latter.

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