Hacienda has published on Thursday the maps that will help determine the reference values of the properties in 2022. Under this initiative it is actually hidden a change that affects the tax base on which the Succession Tax and Donations are calculated, the ITP
and the equity tax and that in practice it will result in an increase in payment for taxpayers.
The change affects the value of the buildings that will be taken as a reference to calculate these tributes.
So far, the real value of the properties was used for that tasted, but as of January 1, 2022, the reference values published today by the department leads María Jesús Montero will be taken as a guide.
Hacienda denies that the change has a tax rise and also from Moncloa, but in practice the majority of taxpayers will have to pay more in those assumptions.
The key is in the definition of the values.
The real value constitutes an abstract and difficult concept to quantify that is often assimilated to the cadastral value and both are usually below the market value;
The new indicators published by Hacienda are closer to the latter, higher.
The forecasts of contributory increase that will have to assume taxpayers derive precisely from that increase in the tax base.
The new references are established by starting the average behavior of the prices of the shopping of the real estate communicated by the public Fedatarios.
“That is, they determine the average value in an area, which does not have to coincide with a neighborhood or a district,” they point out from Hacienda.
However, here resides one of the risks and criticism points of the change, since according to the experts consulted the value attributed to some buildings could be far from its real value and that would force the owner a few amounts above
What would correspond to him.
Hacienda points out at this point that, as of January 1, the individualized data will be published.
“That is, they will take into account the characteristics of each property, each floor,” justify.
Until now, many of these procedures were surrounded by a certain controversy since the parties established a value and administration, in case of disagreement, should prove it and demonstrate the difference, which has generated a high litigation for years.
From the entry into force of the norm, this situation will be turned and will be the taxpayer who must prove that the reference value according to the cadastre does not conform to the value that the property really has, which also opens the door to
litigation against administration.
To try to cover part of this risk, the rule establishes that reference values will not exceed market values and to guarantee it, the ministry has established the minus factor at 0.9, both for urban buildings and for the
Rustic
The minimum factor is the coefficient that is applied on the value of the assets to reduce its fiscal invoice, but in this case, according to Rubén Rúa, coordinator of the Group of Experts in Local Haciendas and Spanish Association Catastre (Aedaf)
, “It is insufficient” due to price differences that may exist in the same housing block, by means of heights or orientation, for example.
“These differences can be greater than 25% for the same block so the minimum factor is insufficient,” he says.
The modification of reference values was already advanced in the Act of Prevention Measures and Fight against Fraud, but its development was pending.
And that is what they come to make the values maps published today by finance at the electronic headquarters of the General Directorate of the Cadastre.
In these maps, medium value modules are assigned representative real estate products by areas of the territory, called ‘homogeneous territorial valuation areas’, which correspond to the average price prices.
In the case of urban real estate, the General Directorate of the Cadastre will calculate the reference value of a concrete property taking into account various criteria, such as differences in quality, seniority and state of conservation between this property and the real estate product representative that
The average value module refers.
To this end, the cadastral valuation regulations will be used transiently.
In the case of rustic properties without construction, the reference value will be calculated from the average value module, depending on its characteristics, and the corrective factors by location, agronomic and socioeconomic ones that determine in the annual report of the real estate market
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