This regime applies to taxpayers who have carried out transactions from July 1, 2023, explains the DGI in a press release. It allows those concerned to request a prior opinion from the DGI in order to determine the net taxable land profit and the amount of the corresponding tax or the exemption from said tax. “This request must be subscribed, electronically, according to a model established by the administration, within thirty (30) days following the date of the sales agreement, accompanied by supporting documents relating to the determination of the tax or the “exemption”, details the DGI.
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The tax administration sends its favorable opinion to the applicant electronically, within 60 days from the date of receipt of the request. This response constitutes a certificate of tax liquidation or exemption and is valid for 6 months, it is specified. Once the transfer has been concluded, the taxpayer must submit his declaration, electronically, within 30 days following the date of the transfer and pay the corresponding tax.
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The taxpayer will be exempt from tax control in matters of income tax in respect of property profits if he submits his declaration and pays the tax following the liquidation certificate received. On the other hand, if he does not submit his declaration on the basis of the liquidation certificate, he will have to pay, provisionally, the difference between the amount of tax declared and 5% of the transfer price. The remainder of the amount paid is automatically returned to the taxpayer, after deduction of tax, it is added. Likewise, the amount paid provisionally is automatically returned in the event that the DGI does not initiate the rectification procedure within the legal deadline.
