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V2984-20 5 October 2020 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · actos jurídicos documentados

Rectification of new construction and horizontal division taxed as two independent agreements for AJD

A query was raised regarding whether the rectification of a new construction declaration and the modification of horizontal division within the same deed constitute two distinct acts. The DGT ruled that they are two autonomous agreements subject to Stamp Duty (AJD).

The question raised

First question raised: confirmation that the rectification of the new construction declaration and the distribution of horizontal property in a public deed entails the creation of two different conventions subject to the Transfer Tax and Documented Legal Acts Tax, documented legal acts modality.

The DGT's ruling

The deed formalizing both acts shall be taxed by the fixed fee and the gradual fee of the documented legal acts modality. The rectification of new construction has as its tax base the real cost value of the declared work. The rectification of horizontal division includes both the real cost value of the new construction and the current real value of the entirety of the land.

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