The Treasury launches its 'catastrazo': changes the reference value of the properties that will raise Successions, ITP and Heritage

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The Treasury has published this Thursday the maps that will help determine the reference values ​​of real estate in 2022. Under this initiative there is actually a change that affects the tax base on which the

, the

,

is calculated

the

and that in practice will result in an increase in the payment for taxpayers.

The change affects the value of the properties that will be taken as a reference to calculate said taxes.

Until now, the real value of real estate was used for this purpose, but

, the reference values ​​published today by the department led by

will be taken as a guide

The Treasury denies that the change entails a tax increase, but in practice most taxpayers will have to pay more in these cases.

.

The

is an abstract and difficult to quantify concept that is often assimilated to

and both are usually below the market value;

the new indicators published by the Treasury are closer to the latter, higher, hence the tax increase forecasts that taxpayers will have to assume.

Litigation risk

The new references are established taking as a starting point the average behavior of the prices of the sales of the properties communicated by the public notaries.

"That is, they determine the average value in an area, which

" they point out from the Treasury.

However, here lies one of the risks and critical points of the change, since according to the experts consulted the value attributed to some properties could be very far from their real value and that would force the owner to pay amounts above what would correspond.

Until now, many of these procedures were surrounded by

since the parties consigned a value and the Administration, in case of disagreement, had to verify it and prove the difference, which has generated high litigation for years. As of the entry into force of the rule, this situation will be reversed and it will be the taxpayer who must prove that the reference value according to the Cadastre does not adjust to the value that the property actually has, which also opens the door to litigation against the Administration.

To try to cover a part of this risk, the norm establishes that the reference values ​​will not exceed the market values ​​and to guarantee this, the Ministry has established the

, both for urban real estate and for rustic.

The reduction factor is the coefficient that is applied on the value of the assets to reduce their tax bill, but in this case, according to

coordinator of the group of experts on local finances and cadastre of

(AEDAF) , "is insufficient" due to the price differences that may exist in the same block of flats, due to a question of heights or orientation, for example.

"These differences can be higher than 25% for the same block, therefore the reduction factor is insufficient," he points out.

How the value is calculated

The modification of the reference values ​​has already been advanced in the

, but its development is pending.

And that is what the value maps published today by the Treasury in the electronic headquarters of the

.

In these maps, modules of average value are assigned to representative real estate products by areas of the territory, called

, which correspond to the average prices of the sales.

In the case of

, the General Directorate of the Cadastre will calculate the reference value of a specific property taking into account various criteria, such as the differences in quality, age and state of conservation between this property and the representative real estate product to which refers to the mean value modulus.

For this, the cadastral valuation regulations will be used temporarily.

In the case of

, the reference value will be calculated from the average value module, depending on its characteristics, and the corrective factors by location, agronomic and socioeconomic that are determined in the annual report of the real estate market. correspondent

According to the criteria of The Trust Project

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