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V2436-25 11 December 2025 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · base imponible

Base imposable determined as the highest of declared, agreed or market value where no reference value exists

A private individual asks how to determine the taxable base of a property when no reference value exists in the Cadastre. The DGT responds that the highest of the declared value, the agreed price or the market value should be applied.

The question raised

Tax base for the purposes of the Transfer Tax and Stamp Duty.

The DGT's ruling

When no reference value exists or it cannot be certified by the General Directorate of Cadastre, the tax base shall be the highest of the following amounts: the value declared by the interested parties, the agreed price or consideration, or the market value. In this specific case, as no reference value exists, the inquirer must take the highest of those three values.

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