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V2660-18 2 October 2018 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · permuta

In a rural property exchange, each party is taxed on the value of the property acquired

A taxpayer has enquired about the taxation of a rural property exchange and the value that must be declared. The DGT explains that an exchange involves two transfers, which may be subject to VAT or Stamp Duty depending on the status of the parties involved.

The question raised

The consultant wishes to know the taxation of this operation and the value to be declared for each of the plots, indicating that the other party will be responsible for the payment of the corresponding taxes.

The DGT's ruling

The exchange generates two independent taxable events. If the parties involved are entrepreneurs or professionals, the delivery may be subject to VAT (except for exemptions regarding rural land). If they are private individuals, it is taxed under ITP in the modality of onerous asset transfers. In the case of ITP, the taxpayer is the acquirer, regardless of what is agreed between the parties, and the tax base is the real value of the asset.

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