A few days ago a client asked me the following question: I am going to buy a house that is 50 years old and in a regular state, with the purpose of reforming it.
The value of the property on the market is lower than the cadastral reference value, for what value do I have to pay the transfer tax? Can I challenge the cadastral reference value and recover the overpaid ITP?
In the first place it is advisable to liquidate the operation for the cadastral reference value, even if the purchase value is lower, since otherwise it is most probable that there will be surcharges and penalties. Once liquidated we will have to initiate a procedure of rectification before the Tax Agency in charge of the management of the tax, for it we have to have a report of appraisal of the property. The law (art 10.3 ITP and 9.4 ISD) does not foresee that the cadastral reference value can be challenged beforehand, but only within the scope of a procedure in which the liquidation made by the Administration is appealed or when the rectification of the self-assessment has been requested.
“The reference value may only be challenged when appealing the liquidation made by the Tax Administration or on the occasion of the request for rectification of the self-assessment, in accordance with the procedures regulated in Law 58/2003, of December 17, General Tax Law.”
This rule has swept away with one stroke of the pen all the jurisprudence related to valuations elaborated by the different jurisprudential bodies, and what is more detrimental for the citizen is that it shifts the entire burden of proof to the taxpayer.