Is the Cadastral Reference Value at Risk as the Taxable Base in ITP-AJD?
Last Monday, the Constitutional Court (TC) agreed to admit for consideration the question of unconstitutionality no. 3631-2025, raised by the Administrative Chamber of the High Court of Justice of Andalusia. The issue concerns the potential unconstitutionality of the cadastral reference value as a criterion for determining the taxable base in property transfer tax (ITP) and stamp duty (AJD).
Legal Basis of the Controversy
The challenge targets Articles 10.2, 3 and 4, and 46.1 of the consolidated text of the ITP-AJD Law, as well as the final provision three of the consolidated text of the Cadastral Law. The legal debate centers on a possible violation of the principle of economic capacity enshrined in Article 31.1 of the Spanish Constitution, due to the establishment of an objective valuation system that disregards the actual value of the transferred asset.
Practical Implications for Taxpayers
Although the Constitutional Court has not yet issued a ruling, the admission of the case opens the possibility that the current system for determining the taxable base may be declared unconstitutional, with all the consequences that may entail. In line with precedents such as the ruling on municipal capital gains tax, it cannot be ruled out that the Court may limit the effects of its decision to situations that have not become final or consolidated over time.
In this context, it is advisable for taxpayers to review real estate transactions carried out in recent fiscal years, especially those in which the cadastral reference value was used as the taxable base instead of the agreed price. A potential declaration of unconstitutionality could allow for the review of self-assessments and the request for refunds of undue payments.
Conclusion
We are facing a moment of particular relevance for real estate taxation. Although the issue is still pending resolution, its admission by the Constitutional Court opens a significant avenue of challenge for affected taxpayers. At our firm, we will closely monitor the progress of the proceedings to provide the most appropriate legal advice based on the final decision of the High Court.
📩 For more information or personalized advice, feel free to contact us at info@cabrerarodriguez.com.