The Supreme Court has established a doctrine on this issue. implementation of the new reference value of the cadastre known as “catastrazo” and Tax Administrationnot the buyer to duly verify the value of the property.
In a January 23 decision available to EFE, the disputed court ruled that a company had been awarded the judgment of the Castilla y León High Court of Justice. Calculation for calculating capital gains, tax on inheritance transfers and documented legal transactions.
The company bought a farm and submitted a self-assessment valuing it at €408,000, paying €6,120 in capital gains for it, but the Ministry of Finance valued the property at €1.06 million and asked for a payment of €10,419.59.
The point clarified by the Court of Cassation is whether the Administration has to justify its appraisal on the immovable if its appraisal does not coincide with the real value of the immovable.
The verification method, which consists of multiplying the estimation made according to the cadastral values with indices or coefficients, “Not ideal due to its generality and lack of relation to good”and clearly hurting the buyers.
“The application of the method of verifying the true transmission value of an urban property, which consists of applying a multiplier to the cadastral value to verify the declared value for tax purposes, allows the Tax Administration to reverse the burden of proof. Supreme Court.
What the administration should do “justify before checking”there is something that deserves to be verified, namely, “its authenticity or accuracy is verified because its correspondence with reality is doubtful.”
The treasury can check whether the declared value is correct, but must justify or justify the value it gives, sentence ends.