Calculation of rustic IBI

Calculation of IBI rustic and optimisation of the taxation of the tax

Article 21 of Royal Legislative Decree 7/2015, of 30 October, which approves the revised text of the Law on Land and Urban Rehabilitation, establishes that all land is in one of two basic situations:

  • Rural land.
  • Urbanised land.

However, for cadastral purposes only, real estate is classified as follows:

  • Urban real estate (BIU)
  • Rustic real estate (BIR)

In addition, we find Real Estate with Special Characteristics (BICE), which is a complex group of specialised uses such as dams, motorways, airports, etc. ….

How is the cadastral value of BIR calculated?

The valuation of rural real estate for the tax authorities is carried out in different ways, depending on what it is used for:

  • If it has a main agricultural use: the land is intended for cultivation proper to its nature and will be valued depending on whether it is tilled land (irrigated or dry land) or land covered with forest species or pasture (herbaceous or arboreal or shrubby plants). There are assessment rates published for each municipality, depending on the crop, and each sub-plot would be assigned its cadastral qualification and its productive intensity.

It should be remembered that the cadastral titleholder is obliged to declare any modification of use or destination and changes in cultivation or use.

Furthermore, a communication system has been established between administrations with the General Directorate of Cadastre, among others with the Ministry of Agriculture, Fisheries and Food, regarding changes in the cultivation and use of rural real estate, of which they are aware in connection with applications for aid under the Common Agricultural Policy (CAP).

  • If there is a building on rural land, it is necessary to determine whether the building is essential for the development of agricultural, livestock or forestry holdings. Each of these buildings will be assessed differently according to its purpose.
  • Non-essential: depending on the municipality, it may be considered urban for cadastral purposes.
  • Indispensable for the development of agricultural, livestock or forestry exploitations.
  • Urbanisable without detailed planning.

Summarising up to now:

  • Rustic land with cultivation has its valuation with its rustic tax rate.
  • Rustic land with construction complicates the situation a bit as it has to be determined whether the construction is indispensable for the rural use of the land and also depends on the year in which the municipality underwent a general collective valuation procedure.

How is undeveloped land for development valued?

As a consequence of the STS of 30 May 2014, the innovative Law 13/2015, of 24 June, on the Reform of the Mortgage Law approved by Decree of 8 February 1946 and the revised text of the Law on Real Estate Cadastre, approved by Royal Legislative Decree 1/2004, was introduced into the cadastral regulations through Law 13/2015, of 24 June, of 5 March, in addition to the whole issue of coordination, a new wording that included the jurisprudential criterion that considered that urbanisable land without detailed or detailed development planning should be classified as rustic property, and new criteria were approved for their valuation.

New developments in the General State Budget Bill

As a consequence of the STS of 30 May 2014, the innovative Law 13/2015, of 24 June, on the Reform of the Mortgage Law approved by Decree of 8 February 1946 and the revised text of the Law on Real Estate Cadastre, approved by Royal Legislative Decree 1/2004, was introduced into the cadastral regulations through Law 13/2015, of 24 June, of 5 March, in addition to the whole issue of coordination, a new wording that included the jurisprudential criterion that considered that urbanisable land without detailed or detailed development planning should be classified as rustic property, and new criteria were approved for their valuation.

How are BIRs taxed for IBI?

The taxable base of IBI is constituted, as in the case of urban properties, by the cadastral value, with the peculiarity that the tax rate applied is different to that of urban properties, among other “anomalies” in the formation of the net quota of BIR.

The tax regulations establish a different tax rate depending on whether the property is urban, rustic or of general characteristics, with a maximum of 1.10 for urban properties and 0.90 for rustic properties, with the possibility of increasing the percentage points depending on the intrinsic characteristics of each municipality:

Puntos PorcentualesBienes urbanosBienes rústicos
A) Municipalities that are the capital of a province or autonomous community0,070,06
B) Municipalities in which public surface public transport services are provided0,070,05
C) Municipalities whose local councils provide more services than those to which they are obliged according to the provisions of art. 26 of Law 7/1985 of 2 April 1985.0,060,06
D) Municipalities in which rural land accounts for more than 80% of the total area of the municipal area00,15

 

A comparison of the urban and rustic tax rates of the main municipalities of Seville, obtained from the cadastral statistics of the headquarters of the General Directorate of Cadastre, shows that, in practically all municipalities, the rustic rate is considerably higher than the urban rate:

Tax by-laws: Seville by Municipality and tax rates

 UrbanRustic
Alcalá de Guadaíra0,52000,8430
Cantillana0,56101,1090
Carmona0,62701,1600
Constantina0,50000,7500
Dos Hermanas0,40000,8500
Ecija0,50001,0100
Estepa0,65000,9600
Lebrija0,68000,9400
Lora del Río0,65000,9900
Marchena0,66111,0320
Morón de la Frontera0,68501,1600
Osuna0,68501,1600
Palacios y Villafranca0,57970,6577
Pilas0,65000,8700
Puebla de Cazalla0,55001,1100
Puebla de los Infantes0,55000,5000
Puebla del Río0,47001,1100
Real de la Jara0,65000,9000
Rinconada0,50431,1580
Sevilla0,67580,6990
Utrera0,60001,1000

 

This tax rate, which in some cases is double the urban tax rate, means that any discrepancy between the physical reality and the cadastral reality, which may not seem to have cadastral relevance, in the tax sphere represents an excessive burden that the taxpayer is not obliged to bear.

How can Euro-Funding help you with the rustic IBI?

Euro-Funding can detect whether the cadastral reality of your property accurately reflects your real estate reality and optimise the taxation of all your assets, whether urban, rustic or with special characteristics.

Our tax consultancy team is made up of a multidisciplinary group of experts in properly transferring the physical reality of each property to the cadastral database in order to achieve tax savings with a successful remuneration model.

94% of our clients highlight the high specialisation of our technical team.

Reducing the tax burden of your property is possible if you know how.

LATEST BLOG NEWS

News

Development of GHG Emission Reduction Plan

Development of GHG Emission Reduction Plan Paula GutierrezSettings IMPORTANCE OF REDUCING GHG EMISSIONS We are currently experiencing a climate crisis, significantly accelerated by the increase

Leer más
News

Women TechEU

Women TechEU: Empowering Women in Deep Tech Carolina AragonesesSettings About the Women TechEU scheme The Women TechEU programme is a continuation of the Women TechEU

Leer más