The Spanish Constitutional Court invalidates the urban land appreciation tax in the absence of capital gains

By way of this judgment, the Constitutional Court has made a pronouncement on the question of constitutionality no. 1012-2015 referred by the Judicial Review Court no. 3 of San Sebastian, deeming unconstitutional and void the provisions of Provincial Act 16/1989, of 5 July, on the urban land appreciation tax within the Historical Territory of Guipuzcoa in respect of the determination of the tax base in conveyances for consideration where capital gains are absent…