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Onerous Transfers: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Refined position High confidence 34 rulings · 2014–2025

Current position

In real estate transfers, the tax base is determined by the Cadastre's reference value. If this does not exist or cannot be certified, the base shall be the highest among the value declared by the interested parties, the agreed price, or the market value. In auctions, the highest between the reference value and the adjudication price or acquisition value is applied.

The DGT's position has focused on the application of the Cadastre's reference value as the preferred tax base. The doctrine has evolved from the general application of the acquisition value towards the integration of the reference value and the definition of supplementary criteria when the latter cannot be certified.

Turning points

  1. V0453-22

    Establishes that the tax base shall be the Cadastre's reference value, unless the acquisition value or the agreed price are higher.

  2. V2436-25

    Specifies that in the absence or impossibility of certifying the reference value, the base shall be the highest among the declared value, the agreed price, or the market value.

Analysis based on 33 of 34 rulings with a stated position. Updated 24 September 2026.

Rulings on this topic

24

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