In the field of wealth advisory, legal certainty is not an option; it is a fundamental necessity. However, the recent legislative situation in Spain regarding the Tax on the Increase in Value of Urban Land (IIVTU)—commonly known as Plusvalía—once again places property owners in a scenario of uncertainty that requires expert management and informed decision-making.

The Legal Context: The Collapse of the Royal Decree-Law

The Government’s attempt to update the maximum tax coefficients for the 2026 fiscal year through a Royal Decree-Law has failed, as it was not ratified by the Congress of Deputies. This lack of parliamentary agreement has caused the regulations intended to increase the tax burden to lapse.

From a technical standpoint, this means that the coefficients that would have spiked taxation—with projected increases of up to 40% in certain periods—are no longer in effect. Currently, the legal framework reverts to the previous coefficients, offering a reduction in the tax burden compared to the Government’s initial intent.

Opportunity Analysis: Why Act Now?

Experience shows that when the administration sees its revenue capacity diminished by procedural defects or judicial setbacks, the response is typically a new regulation with immediate effect to regain lost ground.

As a Broker and Wealth Advisor, my analysis is clear:

• Capitalizing on the Fiscal Window: We are in a legislative hiatus where the tax cost of a transfer is lower than projected. Given the volatility of current political criteria, waiting for greater “stability” usually results in increased tax pressure.
• Risk Management: Selling or transferring property at this time allows for operation under a framework of known costs, avoiding exposure to the upcoming reform that the Executive is expected to process urgently.

Taxpayer Rights: The Appeal Process

Property owners who settled the tax between December 2025 and late January 2026 under the coefficients of the unratified decree have the legitimate right to request a rectification of their self-assessment or a refund of undue payments.

My professional recommendation is firm: proceed with a claim in all cases. It is not merely about recovering funds belonging to the client’s estate, but about demanding strict compliance with the law against an improper application of the regulations.

The Commitment of Hernán Bustos – Real Estate Experts

At Hernán Bustos – Real Estate Experts, our responsibility as advisors transcends real estate brokerage. We focus on asset optimization and the legal shielding of every transaction. In times of legislative disorder, having technical support to monitor the net profitability of your transaction is the only path to financial peace of mind.

Hernán Bustos CEO Hernán Bustos – Real Estate Experts