You do not have any favourites
HOW THE CADASTRAL REFERENCE VALUE AFFECTS THE SALE OF THE HOME AFTER A DIVORCE OR INHERITANCE20th February 2023
REAL ESTATE, NEXUS GROUP, INFORMS.
What happens in the event of the sale of part of the house in the ITP.
That a co-owner stays with the home and, due to a cadastral reference value higher than the market, there is an excess of adjudication, if it can have consequences in the ITP:
The law contemplates that the excess allocation must be declared by the taxpayer, due to a cadastral reference value higher than the market.
However, the taxpayer may avoid the taxation of said excess allocation, if he proves that said excess was unavoidable. In other words, it was not possible to carry out a distribution of assets that respected to a greater extent the equivalence in the adjudications.
However, when the inevitability of the excess allocation cannot be opposed, the taxpayer will have to pay for it. And, in this situation, the only option for him to avoid said taxation, will be to fight the reference value of the Cadastre. This, through the rectification of self-assessment, or appealing the assessment notified by the Administration, to cancel such value and ensure that the values declared in the operation prevail.