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V1996-20 17 June 2020 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · consolidación del dominio

Tax liability arising from the consolidation of ownership via ITPAJD

A taxpayer purchased the bare ownership of a property, and upon the death of the usufructuary, full ownership was consolidated. The DGT ruled that the taxpayer must pay tax on the remaining percentage of the property's value.

The question raised

Taxation of the consolidation of ownership over the dwelling.

The DGT's ruling

Upon consolidation of ownership due to the death of the usufructuary, the bare owner must pay transfer tax on the percentage that was not taxed when acquiring the bare ownership. This percentage is applied to the actual value of the property at the time of consolidation. The tax is settled in the Autonomous Community where the property is located.

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