How the DGT's position has evolved
Current position
The deed of notoriety for registration is not subject to onerous property transfers if the prior settlement of the tax or exemption for the transfer being replaced is proven. However, it must be taxed under the modality of documented legal acts, as it constitutes a first copy of a notarial deed with the object of valuable property and contains an act registrable in the Land Registry.
The DGT's position has remained constant regarding the nature of ownership proceedings as onerous transfers subject to ITP (Transfer Tax), unless prior payment is proven. The relevant change appears in the latest ruling, which specifies the obligation to tax under the modality of documented legal acts.
Turning points
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Introduces the obligation to tax under the modality of documented legal acts, as it is a first copy of a notarial deed with the object of valuable and registrable property.
Analysis based on 20 of 21 rulings with a stated position. Updated 25 September 2026.