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It should be remembered that taxpayers must declare according to the reference value of the Cadastre in those purchases, inheritances or donations made as of January 1, 2022, since it is presumed that said value is the market value, regardless of the value for which it is write. The only exception is when the deed value is higher than the reference value, since in that case this will be the tax base of the taxes that apply depending on the case (ITP for the purchase of used homes or ISyD for inheritances and donations).

Said reference value is calculated from real estate transaction prices, according to information provided by Notaries and Registrars.

The newspaper echoes a real case: a taxpayer bought a protected home in the Community of Madrid for 350,000 euros, a price set by the Administration. However, the cadastral certificate of the reference value stood at 588,000 euros, which means that it is 68% higher than the actual purchase value.

The taxpayer made a query to the General Directorate of Taxes and the agency's response was that he should pay the taxes according to the cadastral value. And if he was not satisfied with the result, he had to present a rectification of the self-assessment presented and the return of the amounts allegedly paid in an improper manner.

And this is precisely another of the points that tax experts have criticized the most: the fact that the law reverses the burden of proof and now it is the taxpayer who must demonstrate and prove that the reference value of the Cadastre does not correspond to the market value of your home.

Until now, the taxpayer presented the tax settlement based on the deed value and if the Treasury was not satisfied, he had to demonstrate that said value did not correspond to the market value. But since the new reference value of the Cadastre came into force, the taxpayer must settle first and then present the rectification and show that it is the treasury that is wrong, with the cost of carrying out other appraisals or looking for an advisor to help him. in the process to recover the overpaid money.