Abegondo gives final approval to the municipal capital gains tax ordinance.

Abegondo has definitively approved the regulatory fiscal ordinance governing the tax on the increase in value of urban land (IIVTNU), commonly known as the municipal capital gains tax. The agreement was adopted by the Plenary of the Abegondo City Council at its session of 28 May 2026, and its full publication was made in the Official Bulletin of the Province of A Coruña of 13 August 2026, through notice 2026/5054. The regulation will enter into force upon its full publication in the provincial bulletin.

The Plenary had initially approved the establishment of the tax and its regulatory ordinance on 28 May 2026, and the agreement was submitted to public exposure for thirty days from its publication in issue 106 of the BOP, of 8 June 2026, in compliance with Article 17 of Royal Legislative Decree 2/2004, of 5 March, approving the consolidated text of the Law regulating local finances (TRLFL). During that period, no claims or allegations were submitted, so the agreement was raised to final. The notice, signed in Abegondo on 29 July 2026 by the mayor, José Antonio Santiso Miramontes, includes the full text of the ordinance.

What the new ordinance taxes

The IIVTNU is a direct tax, of optional collection and non-regular nature, which taxes the increase in value of urban land when it becomes apparent with the transfer of ownership by any title or with the creation or transfer of real rights of enjoyment limiting ownership. Land included in real estate assets of special characteristics (BICES) is also subject, and it even taxes transfers whose increase is generated in less than one year.

The following transfers are subject to the tax, whatever form they take:

• Sale and purchase contracts, donation, exchange, payment in kind, rights of redemption and transaction.
• Testate and intestate successions (legal transactions mortis causa).
• Disposal at public auction and forced expropriation.
• Contributions of urban land and properties to companies and awards upon dissolution.
• Creation and transfer of real rights such as usufructs, ground rents, rights of use and habitation, and surface rights.

There is no tax liability, among other cases, for land of a rural nature, for transfers between spouses arising from judgments of nullity, separation or divorce, for contributions to the asset management company arising from bank restructuring, and for those in which the absence of an increase in value is verified.

How much is paid and who is obliged

The tax rate is set at 25%, applied to the taxable base resulting from multiplying the value of the land at the time of accrual by the coefficient corresponding to the generation period, with a maximum of twenty years, according to the maximum coefficients of Article 107.4 of the TRLFL. The ordinance provides for a 95% relief of the gross tax in transfers of the habitual residence by reason of death in favour of descendants and adopted children, spouses, and ascendants and adopters.

The taxpayer is, in gratuitous transfers, the person who acquires the land or in whose favour the real right is constituted; in onerous transfers, the person who transfers it. When the taxpayer is an individual not resident in Spain, the acquirer acts as the taxpayer’s substitute.

Deadlines, management and appeals

Taxpayers are required to file the declaration with the City Council from the date of accrual within the following time limits:

• Thirty business days for inter vivos acts.
• Six months, extendable up to one year at the interested party’s request, for acts by reason of death.

Notaries must send to the City Council, within the first fortnight of each quarter, the list of authorised documents that reveal the taxable event and warn the appearing parties of their obligations. Against the agreement and the text of the ordinance, interested parties may lodge a contentious-administrative appeal within two months from the day following publication, in accordance with Articles 10 and 46 of Law 29/1998 and Article 112.3 of Law 39/2015.

Upon its entry into force, Abegondo begins to tax all real estate transfers of urban land in the municipality, affecting anyone who sells, inherits or donates urban properties. The 25% rate and the 95% relief on inheritances of the habitual residence mark the scope of a rule that residents should take into account in any real estate transaction, with the full text already published in the official bulletin.

Source: Official Bulletin of the Province of A Coruña, number 153, 13 August 2026, Local Administration section (official reference: 2026/5054).