The Supreme Court has established an important jurisprudence in relation to the valuation of real estate by reference to abstract formulas and general coefficients to be applied to the cadastral value.
According to the Court, it is not admissible, in the case of taxes whose taxable base is determined by the real value of the property, to place that value in the use of general and unique coefficients for the entire municipality, disregarding any individualization activity – such is by definition the task of verifying that legitimizes the aforementioned art. 57 LGT – and to rely on a hypothetical use of the contradictory expert appraisal for the subsequent resolution of any discrepancies and objections of the interested party in this regard.
On the contrary, the Administration has to justify, before checking, that there is something that deserves to be checked, which it must prove at its own expense, without it being admissible that the source of these reasons is the mere disparity of the declared value with that resulting from the coefficients approved by the Administration.
This has been the generalized practice in relation to the homes acquired in Seseña with significant discounts by the bank that acquired the development initiated by the developer known as. “el pocero“.