The taxpayer will be responsible for demonstrating to the council do not have to pay capital gains tax

Both the Ministry of Finance as the spokesman for the Government , Isabel Rodriguez, insisted yesterday and in previous days , with the

The taxpayer
 will be responsible for
 demonstrating to
 the council
 do not have to
 pay
 capital gains tax

Both the Ministry of Finance as the spokesman for the Government , Isabel Rodriguez, insisted yesterday and in previous days , with the new tax on the increase in value of urban land , " citizens who have not won in an operation purchase sale will not have to pay capital gains tax . " And they did it because it has not always been so, but what is not said is responsible for demonstrating to the corresponding council should not pay such tax shall be the taxpayer . That is, the consistory and apply the tax only if the applicant demonstrates , in a timely manner , that he should not pay it he will avoid paying something and by definition would not have to pay .

"The interested party to accredit the absence of value increase must declare the transmission, as well as contribute the titles that document transmission and acquisition. In order to verify the increase in value, as a transmission or acquisition value, it will be the one that is greater than that it is on the title documenting the operation or the proven, "explains Hacienda.

The reason for this obligation for the taxpayer, add sources from the department that directs María Jesús Montero, is that "the town halls do not have the capacity" to know if that increase in value has occurred. And do not contemplate at all that it is the consistory itself that demonstrates if the gain has occurred, but they do emphasize that the surplus value is a "potestative tax", so if any municipality wants not to apply it has total freedom.

Another important point of the new rule approved yesterday the Cabinet is to be dealt with as a decree law. And this opens the door for new complaints and appeals occur. "The new goodwill is born evil is of dubious constitutionality is approved by decree ," explains Patricia Suarez , president of the Financial Users Association ( Asufin ) . " There is a risk of unconstitutionality in the new regulation of the municipal tax base of goodwill , to the design one of the essential elements of the tax regardless of an ordinary law ' affect Technicians Finance. Therefore , the text that has been developed to suit what dictated the Constitutional Court should resolve the existing problems , could even generate more questions .

What is clear is that it will not be retroactive , ie operations elapsed since the TC ruled on 26 October and the time when the tax comes into force, it will be tomorrow , they will not be taxed. And on the formula in which the new tax is calculated , the citizen will have two options. 'The taxable amount is the result of multiplying the rateable value by new coefficients that take into account the real reality or be determined by the difference between the selling price and acquisition , "explains Finance, that the same time underscores the fact that taxpayers may choose the "most beneficial ".

Finally, the text includes a measure with which it is intended to attack "speculative" operations. «The capital gains generated in less than a year will be taxed, that is, those that occur when between the date of acquisition and transmission has elapsed less than one year and that, therefore, may have a more speculative nature," says the Ministry of Montero.

Updated Date: 08 November 2021, 21:05

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