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Within the generic administrative verification activity, the administration can check the value of income, products, goods and other elements of the taxable event, unless the taxpayer has declared in accordance with (RGGI art.157):
- The value that has been communicated by the Administration in the information actions prior to the acquisition or transfer of real estate provided for in LGT art.90 and RGGI art.69.
- The values published by the Administration itself in application of any of the means of verification of values.
This verification can be based on any of the following means (LGT art.57):
- capitalisation or imputation of income at the percentage specified by the law of each tax;
- estimation by reference to the values appearing in the official tax registers; this estimation may consist of the application to these values of the multiplying coefficients determined and published by the competent administration. In the case of real estate, the official tax register taken as a reference shall be the Real Estate Cadastre;
- average market prices;
- quotations on national and foreign markets;
- the opinion of the Administration's experts;
- value assigned to the property in insurance contract policies;
- value assigned for the valuation of mortgaged properties in compliance with the provisions of mortgage legislation;
- declared price or value corresponding to other transfers of the same property, taking into account the circumstances of the latter;
- any other means determined in the law of each tax.
The contradictory expert appraisal is not a means of verifying values, but a means of confirming or correcting the value ascertained.
The value verification procedure cannot be initiated if the taxpayer has declared using the values published by the Administration itself in application of any of the aforementioned means.
Thus, the taxpayer is not obliged to prove that the value stated in the tax return or self-assessment corresponds to the real value; the burden of proof lies with the tax authorities.