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10 REASONS NOT TO SELL A PROPERTY BETWEEN INDIVIDUALS
29th June 2022 -
10 REASONS NOT TO SELL A PROPERTY BETWEEN INDIVIDUALS
28th June 2022 -
10 REASONS NOT TO SELL A PROPERTY BETWEEN INDIVIDUALS
27th June 2022 -
Architecture Quality Law: an instrument to improve the lives of all people
4th June 2022 -
If you are going to buy a house, pay attention to the certificate of non-existence of urban planning infraction
3rd June 2022 -
If you are going to buy a house, pay attention to the certificate of non-existence of urban planning infraction
2nd June 2022 -
If you are going to buy a house, pay attention to the certificate of non-existence of urban planning infraction
1st June 2022 -
The Government values extending the limitation of 2% increase in the renewal of rents
31st May 2022 -
The Government values extending the limitation of 2% increase in the renewal of rents
30th May 2022 -
GRUPO NEXUS REAL ESTATE, WISHES YOU A VERY HAPPY MOTHER'S DAY
1st May 2022
HOW THE CADASTRAL REFERENCE VALUE AFFECTS THE SALE OF THE HOME AFTER A DIVORCE OR INHERITANCE
19th February 2023REAL ESTATE, NEXUS GROUP, INFORMS:
For the General Directorate of Taxes, the reference value of the Cadastre has the capacity to generate excess allocation, not contemplated in the operation in the terms initially foreseen. And taxpayers must pay taxes for said excess allocation. If they are compensated in cash, the applicable taxation will be in the Property Transfer Tax (ITP). And if they are not compensated in cash, said excess not compensated must be taxed in the Inheritance and Donations Tax.
However, the Supreme Court has clarified which excess allocations are subject to tax in the ITP and ISyD and which are not.
The Supreme Court leaves housing untaxed after a divorce.
The Supreme Court has returned to side with the taxpayers against the criteria of the autonomous haciendas. Specifically, it allows not to pay the award of the habitual residence after a divorce in the Inheritance and Gift Tax. (ISyD) because it estimates that there is no donation when one of the ex-spouses stays with the habitual residence and assumes 100% of the mortgage. In a judgment dated July 12, 2022 (appeal 6557/2020), the high court opens the door to request, tax refunds.
In other words, the high court considers that this non-compensated excess award should not be taxed as a donation. And because?
1º Because the excesses of adjudication, are foreseen only in the field of the ITP, and they are only taxed in this tax, and not in the ISyD. This is so, regardless of its origin.
2º Because in these cases there is no necessary "animus donandi" or intention to donate, to understand that we are dealing with a donation. And it is that the unequal distribution is a consequence of the irruption of the reference value, and not of the intention of the co-owners that one of them receives more than what he initially had in the community situation. In short, there is no record of the intention to make a donation, nor the acceptance of such a donation by the other co-owner.
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