Last 26th October 2021, the new Law 5/2021, of 20th October, on the Devolved Taxes of the Autonomous community of Andalusia, was published in the BOJA (Official Gazette of the Autonomous Community of Andalusia).
This new regulation, according to its Second Final Provision, will come into force on 1st January 2022, except for the following precepts which came into force on 27th October 2021, repealing Decree Law 7/2021 of 27 April and various precepts of Legislative Decree 1/2018:
Transfer Tax (ITP)
– General fixed tax rate applicable to real estate (Article 41 of Law 5/2021) of 7%, repealing the rate according to the tables in Article 34 of Decree-Law 1/2018.
– Reduced tax rate to promote a social housing policy (art. 43 Law 5/2021). This new regulation includes new specific rates of 3.5% for habitual dwellings whose value does not exceed €150,000 and provided that the acquirer is a victim of domestic violence, a victim of terrorism or an affected person and for those municipalities with depopulation problems.
Stamp Duty (AJD)
– General tax rate for notarial deeds (Art. 49 Law 5/2021) of 1.2%, unchanged with respect to the repealed Decree Law 7/2021.
– Reduced tax rate to promote social housing policy (Art. 50 Law 5/2021). As in the case of onerous property transfers, new specific rates of 0.3% are included for habitual dwellings whose value does not exceed €150,000 and provided that the purchaser is a victim of domestic violence, a victim of terrorism or an affected person and for those municipalities with depopulation problems.
At MDG Advisors we are constantly evolving so that our tax compliance service is in constant search for excellence. For this reason, our team is analysing the recent Law 5/2021, of 20th October, to find out about all the tax innovations that will come into force in 2022, and we will inform about it in the next few days.
