The keys to the 'cadastre': the taxpayer must demonstrate to the Treasury the value of their property in order not to pay excess taxes

• Treasury Changes the reference value of the properties that will raise the Inheritance, ITP and Heritage taxes

• Taxation The Government sneaks into the anti-fraud law an increase in taxes on Inheritance, ITP and Patrimony

The Treasury published yesterday 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 some taxes related to real estate are calculated and that, in the In practice, it will result in an increase in pay for taxpayers.

Is the IBI among them?

We clarify this and other doubts below:

What does the change consist of?

The Ministry of Finance changes the value with which the taxable base of taxes such as Patrimonial Transmissions, Patrimony and Successions is calculated.

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 new reference values ​​created based on specific criteria will be taken as a guide.

Will it affect the IBI?

No, the change does not

because its tax base is not calculated with the real value, but with the cadastral value and said 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 has to pay taxes, either for the Tax on Patrimonial Transmissions and Documented Legal Acts, or for the Tax on Inheritance and Donations .

Likewise, it may only affect the

in what refers to properties acquired from the entry into force of the rule, in no case does it affect the pre-existing heritage.

Why is the Government launching these changes?

There is a double reason: to increase tax collection and

.

Until now, many of these procedures were surrounded by some controversy since the parties assigned a value and the Administration, in case of disagreement, had to verify it and demonstrate the difference.

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.

Why is a reduction factor established?

One of the points of the new rule establishes that the reference value may not exceed the market value and to guarantee this, the Treasury introduces a

for both urban and rustic properties.

The reduction factor is the coefficient that is applied on the value of the assets to reduce your tax bill.

As an example, if a property has a market value of 200,000 euros, the taxable base on which the affected taxes would be calculated would be 180,000 euros.

How are the new reference values ​​established?

The Treasury published yesterday the maps that will help determine them (you can

).

These maps represent the average behavior of real estate sale prices reported by public notaries.

That is, they determine the average value in an area, "but they do not have to coincide with a neighborhood or with a district," they clarify from the Ministry.

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