Who is responsible for paying stamp duty?

Who is responsible for paying stamp duty?

Legal acts

Royal Legislative Decree 1/1993, of September 24, 1993, approving the Consolidated Text of the Law on Transfer Tax and Stamp Duty.

1. The tax shall be levied in accordance with the true legal nature of the act or contract to be settled, whatever the denomination given to it by the parties, disregarding any defects, both formal and intrinsic, which may affect its validity and effectiveness.

For the legal classification of the goods subject to the tax by reason of their different nature, destination, use or application, the provisions of the Civil Code or, failing that, of Administrative Law shall apply.

Whenever the Law grants an exemption or reduction whose definitive effectiveness depends on the taxpayer’s subsequent compliance with any requirement established therein, the tax office shall include in the note in which the tax benefit is recorded the total amount of the assessment that would have been due if the exemption or reduction had not been granted.

Documented legal acts examples

The Tax on Documented Legal Acts (AJD) is regulated in articles 27 to 44 of the Royal Legislative Decree 1/1993, of September 24, which approved the revised text of the Law on the Tax on Property Transfers and Documented Legal Acts.

If a person has a house in property and considers how to transmit it to his children with the best guarantees, he has two options: to leave it in inheritance or to donate it in life. In both cases there are tax costs that should be taken into account.

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The fixed fee is paid for the matrices and copies of the deeds and notarial acts, as well as the testimonies. These documents are issued on stamped paper for 0.30 euros per sheet or 0.15 euros per page, at the choice of the notary in question, the amount paid being a tax.

With regard to the taxable base, in the first copies of the deeds that have as direct object an amount or thing that can be evaluated, the declared value will serve as the base, without prejudice to the possibility of administrative verification.

Ajd madrid

As its name indicates, it is a matter of taxing legal acts but documented in three different types of documents; the formalization of the legal act in a certain way is taxed.

By way of example, all transfers of real estate that are subject to VAT (sales by real estate developers) and are notarized are subject to the variable tax, as are the so-called “registry operations”, such as a segregation or grouping of properties.

As for the taxable base, in the first copies of the deeds whose direct object is a quantity or valuable thing, the declared value will serve as the basis, without prejudice to the administrative verification.

The entity Promociones El Sol, SA has built on a plot of land owned by it a building of apartments and, for the purpose of its registration in the Land Registry and in order to be able to sell the apartments independently, it proceeds to declare the new construction of the building, constituting the building in horizontal property regime. They value the new construction

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Valencian Community AJD

The Tax on Documented Legal Acts (AJD) is regulated in the articles that go from 27 to 44 of the Royal Legislative Decree 1/1993, of September 24, by which the rewritten Text of the Law of the Tax on Patrimonial Transmissions and Documented Legal Acts was approved.

If a person has a house in property and considers how to transmit it to his children with the best guarantees, he has two options: to leave it in inheritance or to donate it in life. In both cases there are tax costs that should be taken into account.

The fixed fee is paid for the matrices and copies of the deeds and notarial acts, as well as the testimonies. These documents are issued on stamped paper for 0.30 euros per sheet or 0.15 euros per page, at the choice of the notary in question, the amount paid being a tax.

With regard to the taxable base, in the first copies of the deeds that have as direct object an amount or thing that can be evaluated, the declared value will serve as the base, without prejudice to the possibility of administrative verification.

Who is responsible for paying stamp duty?
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