Grouping of estates: taxable base and taxation in the AJD

The grouping of estates is a registry operation that, although it does not constitute a transfer of ownership, entails specific tax obligations within the scope of the Stamp Duty (AJD). A recent binding ruling from the Directorate General of Taxes (DGT) has specified how the taxable base must be determined in these cases.

What the DGT has resolved

The administration has confirmed that the grouping of estates does not involve a transfer of assets, but rather a physical modification of the registry reality. However, if the requirements established in article 31.2 of the TRLITPAJD are met, the operation is taxed via the variable rate of said tax.

Regarding the taxable base, the DGT points out that it will consist of the value of the estates being grouped, in accordance with the provisions of article 70 of the RITPAJD. A key aspect is the application of the reference value: for those properties that have this value, said amount will be the taxable base, unless the declared value or the agreed price is higher.

What it means for you

If you are the owner of several estates and intend to carry out a registry grouping, you must consider that this operation generates a fiscal cost derived from the variable rate of the AJD. The determination of the amount to be paid will not depend solely on what is declared, but on the comparison between the Administration's reference value and the market or declared values.

This criterion directly affects individuals seeking to simplify their registry situation, as the taxable base could be higher than expected if the reference value of the properties exceeds the book or agreed values.

What is advisable to do

In the event of a possible grouping of estates, it is necessary to conduct a prior analysis of the values of each property. It should be verified whether the Administration's reference value is higher than the value intended to be declared to avoid surprises in the tax settlement. Since the regulations require the use of the highest value, it is fundamental to have a technical valuation that allows for the determination of the exact fiscal impact of the operation before proceeding with the registry procedure.