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The taxpayer asks whether formalising the termination of a verbal sale and purchase agreement from 1990 via public deed incurs tax liability. The DGT rules that, in the absence of a judicial or administrative termination, termination by mutual consent is considered a new taxable event.
Cuestión planteada Tributación de la operación.
La resolución de un contrato por mutuo acuerdo se considera un acto nuevo sujeto a tributación en la modalidad de transmisiones patrimoniales onerosas. Al no haber una declaración judicial o administrativa de nulidad o resolución, no procede la devolución del impuesto anterior. En este caso, los adquirentes (los herederos) son los contribuyentes obligados al pago del ITP y AJD.
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