One of the most controversial issues of jurisprudence is the quantification of the tax obligation and the valuation of real estate. This is due to the fact that the managing bodies are increasingly checking to ensure that taxpayers comply with the tax obligations corresponding to their tax return, both for Tax Transfers as well as for Assets and Donations.
Nowadays the verification of securities is regulated by the General Tax Law (LGT) and by the Royal Decree, there are approved the actions and procedures of management and tax inspection.
The difference between the investigation and verification activities is determined by the existence or not of the declaration. The verification refers to all the elements included in the declaration while the investigation only affects the unreported taxable event.
The General Tax Law clarifies in article 57 that there are seven different methods for the verification of values and each Autonomous Community can choose the one that best suits. In the case of Catalonia, the most used method is the opinion of experts. In this procedure, the expert performs a visit to the property and according to his or her expertise performs the assessment. For this, it takes into account the state of conservation, the seniority and the quality of the construction materials, among other factors. Then you must write a document that contains your impressions. Of course before the authorities must follow the following protocol:
Start: The verification of securities with the liquidation proposals is notified in a maximum period of six months. This is established by article 104 of the LGT.
Processing: The Tax Administration informs the holder of the actions they will need for their collaboration. In these cases, the holder facilitates the practice of said actions, which consist in the examination of the documentation and the requirements, as well as of the goods and rights that are objects of the valuation. The refusal of the holder frees the Tax Administration of this step. But this does not free us from the situation. In fact, new notifications can arrive where we will have a period of fifteen days to provide the legal documents and make the relevant allegations.
Termination: Once the term of the allegations has been concluded, the Administration must notify the regularization, which will be accompanied by the valuation carried out. The time period it takes to do so is six months.
If you have received a verification of securities verification or the Ministry of Finance demands a higher amount than the one you paid when you purchased the house, breathe deeply and do not be alarmed. These types of operations are common and are being annulled by the courts. However, it is important that you know that the Autonomous Community can dispense with the value included in the declaration and set what it considers to be the real value based on any of the methods established by the LGT.
How to oppose?
On many occasions, the Autonomous Communities do not send the managers to inspect the houses before valuing them. The point is that the Supreme Court determined that the visit of the expert is necessary, especially when aspects such as the state of conservation or the quality of the building are taken into account to set an amount.
If this does not happen, the assessment will be considered null, since it is based on assumptions or information that were not verified by the technical examination of the technician. In this way, it is possible to challenge a verification of values if the property is not recognized by the expert.
However, the visit of the administration's technician or expert will not be indispensable when valuing parking spaces and storage rooms, since these properties are valued according to their location, which becomes a strategic element when making the purchase -vent In fact, the age of the place or the quality of the materials used goes to the background.
If you wish to make a challenge the most appropriate is that you resort to the LGT and review what method of verification of values corresponds to your Autonomous Community.