The government is considering creating a new property valuation that supposes the ITP tax base and of Inheritance Tax. That is to say, the value on which they will already be based no will be the one that appears in scriptures, but it will be one constituted by the Cadastre and made from real estate transactions, among other sources.
So it is written in the Draft Law on Fight Prevention Measures against him Fiscal fraud.
Thus, the tax base will no longer notice the real value, but in his market value, which means the most probable price for which that property could be sold.
Something that has already been happening in the community of Castilla la Mancha since the year 2015.
"The problem is not, in any case, that the Treasury and Cadastre have invented a new method to value real estate without leaving the office, and without visiting them. The real problem is that the Treasury now intends to impose said value on taxpayers by force ”, points José María Salcedo, partner of the firm Legal Attic.
This is due to the fact that the specific circumstances of each property. "These never, or rarely visit, and evaluations are made from the office chair. And the Courts annul them as generic, and for not reflecting the true real value of the property ”, adds the lawyer, bearing in mind that the government's intention is to continue to value the real estate without visiting them.
Also, a presumption has been established that the “market value is the market reference value of the General Directorate of Castro”
All this supposes that it will be the taxpayer himself who has to prove that the property has a market value lower than the new value elaborated by Castro..
For it, the normal thing is to present a expert report, that proves that the property has a lower value than what appears in the Cadastre.
Who is affected by this new assessment
Of course it affects those who have bought or inherited a property, but also to sellers, if the verified value is higher than that declared in the personal income tax.
The Treasury will also communicate to them the new verified value, in case you want to challenge it.
What to do if you are in this situation.
If this change is approved, taxpayers must file a test to declare that the price for which the property was purchased or inherited is the market value.
"This test may be an expert. But the state of the property can also be accredited, or its poor conservation, If that's the case. Also, justification may be provided for transfers of similar properties that are known, and even offers published on real estate portals ", Salcedo points out.