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A query was raised regarding whether the taxable base for the transfer of property from insolvency proceedings should be the adjudication price or the minimum value set by the Autonomous Community. The DGT ruled that, as this does not constitute a public auction, the general rule of real value applies.
Cuestión planteada Si la base imponible debe ser el precio de adjudicación, o bien el valor mínimo que le asigna la Comunidad autónoma correspondiente.
En la transmisión onerosa del inmueble, se aplica la regla general de que la base imponible es el valor real del bien transmitido. No es aplicable la regla especial de las subastas públicas (donde la base es el valor de adquisición) porque la adquisición no se realizó mediante subasta judicial, sino mediante venta directa.
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