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V5544-26 15 September 2026 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · base imponible

Cadastral reference value constitutes the taxable base for Inheritance Tax, unless the declared value is higher

Consultants inquired which value should be applied as the taxable base when inheriting a social housing property with a maximum legal price. The DGT ruled that the Cadastral reference value shall apply, unless the declared value is higher.

The question raised

Tax base for the purposes of Inheritance and Gift Tax.

The DGT's ruling

In Inheritance and Gift Tax, the tax base for real estate is the Cadastral reference value, unless the value declared by the interested parties is higher. The fact that the property has a maximum sale price under an administrative regime does not change this rule, as the reference value cannot exceed the market value. If the reference value prejudices legitimate interests, it may be contested or a rectification may be requested.

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