Landmark judgment from Constitutional Court declaring unconstitutional and therefore null and void the system for calculating the tax base for municipal capital gains tax

When a person sells, inherits or is gifted real estate in Spain, it is assumed that the value of the land rose during the time it was owned and so the taxpayer must pay a tax on the ‘capital gain’. The articles on the capital gains tax law declared null and void assumed there was always a rise in land value when it was transferred, regardless of whether such a rise actually took place according to the real transaction conditions.

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