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V3232-18 19 December 2018 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · división de la cosa común

The tax base in the division of common property is the declared value of the asset at the time of division

A query is made as to whether, in the deeds of division of common property, the tax base may be the acquisition value of the asset. The DGT responds that the base is the declared value of the asset at the time the division occurs.

The question raised

Question posed: The applicant requests clarification on whether the tax base for the Tax on Documented Legal Acts in the deeds of division of common property may be the acquisition value of the asset.

The DGT's ruling

In the division of common property taxed under the Stamp Duty (Tax on Documented Legal Acts), the tax base is not the acquisition value. According to the regulations, the base is the declared value of the asset at the time the division takes place, which is when the taxable event and the accrual occur.

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