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V4910-16 14 November 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · valor fiscal

The Administration does not specify the appropriate means of proof to establish the tax value of real estate

A company has enquired whether the value of real estate should be determined through exchange deeds or expert appraisals. The DGT has responded that it cannot indicate the most appropriate means, as the substantiation of value is a matter of fact that must be proven by the interested party.

The question raised

Determination of the tax value of acquisition and disposal of the real estate to be transferred. In particular, whether the method of determining the tax value based on the data recorded in public deed of exchange or the method of real estate appraisal by an independent expert is considered reasonable and suitable for determining the value of the real estate at the time of its acquisition by X.

The DGT's ruling

The entity must include in its tax base the difference between the transfer value and the tax value of the real estate. The documentary justification of said value is a matter of fact that must be proven by any means admitted in Law. The Administration shall assess the evidence presented in accordance with the principle of free and joint assessment, without the Law specifying concrete means of proof for this purpose.

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