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Following the latest rulings of the Constitutional Court partially annulling the regulation on the Increase in the Value of Land of an Urban Nature -capital gains- many affected parties, whether individuals or companies, are seeking a specific service that proves to the Administration the loss of land value at the time of transfer.
The Tax on the Increase in Value of Land of an Urban Nature, known as municipal capital gains, is a direct tax that levies the increase in value experienced by land and is revealed as a result of the transfer of ownership thereof by any title.
Its calculation is made from the cadastral value of the land and depending on the years in which the owner has held it (between a minimum of 1 year and a maximum of 20 years).
This method of calculation means that the tax must also be paid in cases where the value of the land has not increased or even when there has been a loss of value, as has happened in recent years as a result of the readjustment that the real estate market has suffered. Therefore, it is the case that capital gains are always paid, even if the owner transfers the property for a value lower than the acquisition value.
The Constitutional Court considers that the aforementioned tax is contrary to the principle of economic capacity, provided for in art. 31.1, CE. Therefore, taxes cannot affect “those cases in which the economic capacity taxed by the tax is not potential, but non-existent, virtual or fictitious.”
From Euroval we can help you with our valuation reports, carried out by specialist technicians who certify the loss of value produced in the land, allowing the client to provide a technical document with validity for claims before the Administration.
Euroval also prepares reports for the claim of other taxes, as is the case of contradictory expert appraisals for the claim before the Tax Agency, when before a transfer, inheritance or donation, the Administration considers a valuation of the asset higher than the declared one.
In addition, Euroval has an expert Area specialized in the preparation of reports for use in claims or legal proceedings for any type of property or situation.
INFORMATION OF INTEREST
To what type of assets does it apply?
It only applies to assets of an urban nature; land that is considered rustic is not subject to this tax.
When does it accrue?
When carrying out a sale, inheritance, donation or real estate leasing.
Who has the obligation to pay it?
- In the case of sales, the seller (with the exception of Navarra)
- In the case of inheritances, the heir
- In the case of donations, the donee
