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A query was raised regarding whether a deed rectifying an error in an inheritance allocation constitutes a new transfer or remains a single transaction. The DGT ruled that, unless the error entails the nullity or non-existence of the original act, the rectification is considered an exchange subject to tax.
Cuestión planteada Tributación de la escritura de rectificación de error.
La escritura de subsanación solo estará exenta de Actos Jurídicos Documentados si el error original implica la inexistencia o nulidad del acto. De lo contrario, el intercambio de cuotas de propiedad se considera una permuta y tributará en el Impuesto sobre Transmisiones Patrimoniales como una transmisión patrimonial onerosa.
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