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A property owner inquired whether the deed formalising the change of use of several floors from commercial to residential use is subject to tax. The Directorate General for Taxes (DGT) ruled that it must be taxed under the Stamp Duty (Actos Jurídicos Documentados).
Cuestión planteada Tributación de la escritura que recoja este cambio de uso.
La escritura de cambio de uso de locales a viviendas tributa por actos jurídicos documentados al cumplir los requisitos del artículo 31.2 del TRLITPAJD. El acto tiene contenido valuable porque el cambio de uso implica un cambio inmediato del valor catastral. La base imponible será el valor de los inmuebles que se convierten en viviendas.
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