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V2494-23 18 September 2023 · SG de Tributos Locales Criterion in force
OTRO · iivtnu

Acquisition value of the consulting entity used for IIVTNU non-liability or real method

An asset management company has enquired whether, to prove the absence of an increase in land value, it should use its own acquisition value or that of the transferring credit institution. The DGT has ruled that it must use the value stated in its own title of acquisition.

The question raised

In relation to the pronouncement contained in the response to tax ruling V0214-23 and regarding the application of the non-taxability assumption of Article 104.5 of the TRLRHL and the method for determining the tax base of Article 107.5 of the TRLRHL, clarification is requested regarding the acquisition value to be taken for the purposes of calculating the possible non-existence of an increase in value of the land with respect to the properties that the consulting entity may have acquired from a transferring entity under the procedure of Article 48 of Royal Decree 1559/2012, in particular, whether the acquisition value of the consultant or the original acquisition value corresponding to the transferring credit institution must be taken.

The DGT's ruling

To apply the non-taxability under Article 104.5 or the method for determining the tax base under Article 107.5 of the TRLRHL, the period of generation is not taken into account. Account must be taken solely of the difference between the transfer value and the acquisition value of the taxpayer. Therefore, the acquisition value shall be that which appears in the title documenting the acquisition by the consulting entity. In the case of transfers of real rights of enjoyment, the corresponding proportion shall be applied in accordance with the regulations of the Transfer Tax.

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