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Laso & Asociados - Urban Planning and Tax Treatment

Urban Planning and Tax Treatment

We act to provide a solution to tax problems arising in regard to urban planning, the transfer of real estate, ownership and title to in rem rights for the use and enjoyment thereof, and likewise in matters related to local taxation.

The close dependence which the sustainability of the Public Administration budgets has on revenues from taxation of real estate property and the property valuations it makes in said regard makes it necessary to employ the greatest possible professionalism in the most usual operations in said matter.

In Laso & Asociados we are aware of the degree to which our clients are affected by tax matters with respect to the holding, transfer and assignment of real estate property or as holders of in rem rights to enjoyment on said property. Thanks to the solid experience and preparation of our team, reinforced by habitual collaboration with other specialists in Fiscal Law, it becomes possible to optimize the tax burden in the complex regulatory framework that is tax law.

In short, this all results in an improved tax effect both with respect to municipal taxes (IBI [property tax] and IIVTNU[tax on the increase in urban land value]), as well as autonomous community taxes (ITP-AJD [transfer tax and stamp duty] and ISD [Inheritance and Gift Tax), or Spanish State taxes (IRPF [Personal Income Tax]).

The fiscal matters arising in regard to Collaborating Urban Planning Entities, as for instance, Owners’ Management Boards, and their particular treatment, calls for a profound knowledge of the case studies involved, experience which Laso & Asociados is able to offer thanks to the Continual Legal Advisory Service (C.L.A.S.) it has provided and continues to provide to a large number of these entities in a variety of situations and geographical areas.

The following are among the most frequent questions which must be evaluated from the urban planning-fiscal aspect, and in regard to which we offer all of our experience, and are listed below for the purposes of illustration:

  • In relation to VAT and the ITP-AJD in Owners’ Management Boards: The setting up of the Board and incorporation of its members depending on whether said Boards have mere fiduciary powers or have full ownership owing to the transfer of the land to them.
  • The expropriation of owners not incorporated.
  • Contribution to urban development expenses.
  • Sales or assignments of land for valuable consideration.
  • The Owners’ Management Board as beneficiary of land expropriations.
  • Awards of land to original owners, to urban development companies (as members or in payment for works), to Public Administrations, etc.
  • The fiscal benefits applicable to the Owners’ Management Boards.
  • Formal obligations.
  • In relation to challenges of amounts of local tax and settlements of the IBI, the IIVTNU, etc.:
  • Challenge of the establishment of amounts.
  • Review of acts in regard to tax management through administrative channels (Appeals for Review, Economic-Administrative Claims, etc.).
  • Review on the grounds of nullity of tax acts.
  • Consequently, we offer legal defence and advisory service in tax proceedings related to the real estate, management, collection, sanctioning and tax audit sector brought by Spanish State, Autonomous Community and Local Tax Authorities.

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