No. This method to calculate the tax base is optional since the taxpayer has the possibility of paying taxes based on the real capital gain obtained at the time of transferring a property and which is determined by the difference between the sale price and the acquisition price. . If the taxpayer demonstrates that the real capital gain is lower than that resulting from the objective estimation method, he may apply the real one.
In any case, these calculations may be subject to verification by the Town Councils, in accordance with a novelty introduced by the standard.
6 What if no profit has been made with the change of ownership?
The royal decree introduces a new assumption of not being subject to tax for operations in which it is found that no profit has been obtained.
It is the taxpayer who must request it. The person interested in proving the non-existence of profit must declare the transfer and provide the titles that document the transfer and the acquisition. To verify the non-existence of an increase in value, the transmission value (or acquisition value, in the case of an inheritance) will be taken as the value that appears in the purchase-sale document or the proven value determined by the City Council.
Reference-www.elperiodico.com