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V1916-23 4 July 2023 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · reconocimiento de dominio

The deed of recognition of ownership by judicial sentence is subject to tax on documented legal acts

A query is made as to whether a deed of recognition of ownership, executed by children following a judicial sentence regarding a trust business, is subject to the ITPAJD. The DGT determines that there is no transfer of assets as it is a mandatory rather than a voluntary act, but it is subject to the modality of documented legal acts.

The question raised

Question posed: Whether the public deed of recognition of property rights in favor of the consultant and her ex-husband is subject to the Tax on Property Transfers and Documented Legal Acts.

The DGT's ruling

The recognition of ownership does not constitute a transfer of assets if it is not a voluntary act, but rather a mandatory compliance derived from a judicial sentence. Nevertheless, the public deed must be taxed under the modality of documented legal acts, notary documents, as it meets the requirements of being a first copy regarding a valuable asset, registrable in the Property Registry, and not subject to other taxes mentioned in the law.

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