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A taxpayer purchased a parking space through a private contract that was never formalised by a public deed. The query concerns whether the tax on the transfer has already expired, given that the taxpayer has been paying Property Tax (IBI) since 1978.
Cuestión planteada Tributación de la operación.
La fecha del documento privado para determinar la prescripción será la de su entrega si se prueba alguno de los supuestos del artículo 1.227 del Código Civil. De no probarse, la fecha será la del día en que se cumpla lo previsto en el artículo 51 del TRLITPAJD. La fecha que prevalezca determinará tanto la prescripción como el valor real del bien para la liquidación.
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