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V2715-20 4 September 2020 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · usucapión

An agreement on usucaption via public deed is subject to Stamp Duty on documented legal acts

The taxpayer asks whether the exemption from taxation for judicial usucaption applies if a voluntary agreement is formalised through a notarial deed. The DGT rules that, as it is not a judicial sentence, the transaction is classified as a donation, and the deed is subject to ITPAJD under the category of documented legal acts.

The question raised

Question posed: Whether the criterion of ruling V4053-15 can be applied if, instead of judicially pursuing usucaption, an agreement is reached with the registered owner of the land and a notarial deed of usucaption is executed, or if a registry conciliation act is performed.

The DGT's ruling

Usucaption is a unilateral act that requires a judicial ruling; if a voluntary act is performed between the parties without consideration, the transaction constitutes a donation. As the entity is a legal person, the donation is not subject to Inheritance and Gift Tax, but is instead subject to Corporate Income Tax. However, if said transaction is formalized through a registrable public deed with valuable content, it shall be subject to the ITPAJD under the modality of documented legal acts, unless the entity is exempt under Law 49/2002.

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