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V3024-20 6 October 2020 · SG de Tributos Criterion in force
OTRO · tasación pericial contradictoria

The €120,000 limit for contradictory expert appraisal applies to the difference in values between experts

A query was raised regarding whether the €120,000 limit under Article 135.2 of the General Tax Law applies to the total value of shares or only to the portion transferred in a 40% donation. The Directorate General of Taxes (DGT) ruled that this limit applies to the difference between the valuation provided by the Administration's expert and that of the taxpayer's expert regarding the relevant assets.

The question raised

Whether, under the provisions of Article 88 of the General Tax Law, a tax inquiry be considered formulated regarding how the 120,000 euro limit established in Article 135.2 of the General Tax Law applies so that the appraisal carried out by the expert designated by the taxpayer becomes binding for the administration in cases of transfer of shares in a limited liability company, when not all shares are transferred, but rather 40% of them.

The DGT's ruling

The value subject to contradictory expert appraisal is the value of the assets and rights determined through the verification of values. The 120,000 euro limit applies to the difference, in absolute values, between the value determined by the Administration's expert and the appraisal carried out by the expert designated by the taxpayer.

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