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A query was raised regarding whether ownership proceedings for the registration of a property must be subject to ITPAJD. The DGT ruled that the proceedings themselves constitute a taxable event, unless proof is provided that the transfer tax intended to be replaced has already been paid.
Cuestión planteada Tributación de la operación.
El expediente de dominio es una transmisión patrimonial onerosa sujeta al ITPAJD, a menos que se acredite el pago del impuesto o la exención de la transmisión cuyo título se supla. El hecho imponible es el otorgamiento del expediente y no la transmisión del dominio. En este caso, al no haberse liquidado el impuesto por la compraventa original, el expediente de dominio debe tributar.
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