News published in INFORMA 2022

News published in INFORMA in September

Even if the acquisition value of a property stated in the purchase deed is lower than the reference value established in the ITPAJD Law and on which this tax has been paid, in the event of sale of the property , for the purposes of calculating the amount of the capital gain or loss, to determine the acquisition value, we must start from the actual amount for which the acquisition would have been made , regardless of the determination of the taxable base that applies in the ITPAJD .

In onerous transfers, to determine the acquisition value, the actual amount for which the acquisition would have been made will be used as starting point. However, in those cases in which the competent Autonomous Community has carried out a verification of values for the purposes of ITP and AJD the verified value must be taken into account in the Personal Income Tax as the real amount of the acquisition value for the purposes of determining the capital gain or loss derived from the transfer of the property.

The granting of the purchase option on a property produces a capital gain for the grantor that must be included in the savings tax base and not in the general tax base as previously interpreted by doctrine and jurisprudence. New criteria established by Supreme Court Ruling 2598/2022, of June 21, 2022.