The keys of 'catastrazo': the taxpayer must demonstrate to Hacienda the value of its property not to pay taxes of more

Hacienda yesterday published the maps that will help determine the reference values of the real estate in 2022. Under this initiative it is actually hidden a ch

The keys of 'catastrazo': the taxpayer must demonstrate to Hacienda the value of its property not to pay taxes of more

Hacienda yesterday published the maps that will help determine the reference values of the real estate in 2022. Under this initiative it is actually hidden a change that affects the tax base on which some taxes related to buildings are calculated and that, in the Practice, it will result in an increase in payment for taxpayers. Is the IBI between them? We clarify this and other doubts below:

The Ministry of Finance changes the value with which the taxable basis of taxes such as patrimonial transmissions, heritage and successions is calculated. The change affects the value of the buildings that will be taken as a reference to calculate said tributes. So far, the real value of properties was used for that tasted, but as of January 1, 2022, the new reference values created based on concrete criteria will be taken as a guide.

No, the change does not reach the tax on real estate because its taxable base is not calculated with the real value, but with the cadastral value and this value is not affected by the reform.

Specifically, the reference value will only affect whoever acquires a property as of January 1, 2022, and at the same time it has to tax, either by the tax on patrimonial transmissions and documented legal acts, either by the Tax on Successions and Donations . Likewise, it may only affect the equity tax in terms of real estate acquired from the entry into force of the standard, in no case affects the pre-existing equity.

There is a double reason: to increase the tax collection and reduce litigation. Until now, many of these procedures were surrounded by some controversy since the parties consigned a value and administration, in case of disagreement, should prove it and demonstrate the difference. As of the entry into force of the norm, this situation will be turned around and will be the taxpayer who must prove that the reference value according to the cadastre does not conform to the value that the property really has.

One of the points of the new standard states that the reference value may not exceed the market value and to guarantee it, Hacienda introduces a minimum factor of 0.9 for both urban buildings and rustic properties.

The minimum factor is the coefficient that is applied on the value of assets to reduce your tax invoice. As an example, if a property has a market value of 200,000 euros, the tax base on which the taxes affected would be calculated would be 180,000 euros.

Hacienda published yesterday the maps that will help determine them (you can consult them here). These maps represent the average behavior of the prices of sale of real estate communicated by the public edges. That is, they determine the average value in an area, "but they do not have to coincide with a neighborhood or a district", nuanced from the ministry.

In these maps are assigned medium value modules to representative real estate products by areas of the territory, called 'homogeneous territorial valuation areas', which correspond to the average price prices.

In the case of urban real estate, the General Directorate of the Cadastre will calculate the reference value of a concrete property taking into account various criteria, such as differences in quality, seniority and state of conservation between this property and the real estate product representative to which The average value module refers. For this, the cadastral valuation regulations will be used transiently.

In the case of rustic properties without construction, the reference value will be calculated from the average value module, depending on its characteristics, and the corrective factors by location, agronomic and socioeconomic ones that are determined in the annual report of the real estate market correspondent.

Updated Date: 16 October 2021, 04:27

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