The Constitutional Court declared Articles 107.1, 107.2a and 110.4 of the consolidated text of the Law regulating Local Tax Authorities that had been approved by the Royal Legislative decree 2/2004 on March 5th, unconstitutional and null and void. This is because when considering Tax on the Increase in Value of Urban Land (IVTNU) it violates the constitutional principle of economic capacity to the extent that it is not necessarily linked to the existence of a real increase in the value of the property, “but to the mere ownership of the land for a period of time”.
Therefore, in order to claim the repayment, you need to prove that there has been a loss in the property’s value in terms of land value between the date of acquisition and the date of transmission thereof.
Through a rigorously justified expert’s report, VALTECSA will be able to prove, where appropriate, the capital loss corresponding to the land value and therefore the non-applicability of the tax.
To do this, we need to be able to have:
- Liquidation documents of the Tax on the Increase in Value of Urban Land (IIVTNU)
- Written proof of the property’s acquisition
- Written proof of the property’s transfer
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