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Parents sought to execute a deed to correct a material error in a donation, clarifying they intended to donate a percentage of a property rather than full ownership. The DGT ruled that the ITP exemption only applies if the original deed is void or non-existent.
Cuestión planteada Si dicha escritura notarial será valida para aclarar lo que se quiso expresar.
La exención del Impuesto sobre Transmisiones Patrimoniales solo procede si la nueva escritura tiene por exclusivo objeto salvar la ineficacia de actos anteriores afectados por vicio de inexistencia o nulidad. Si no se puede probar la nulidad de la primera escritura, la rectificación se considerará una nueva donación a efectos tributarios.
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