Urban property tax
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What is property tax
This tax is levied on the increase in value of urban land (whether built on or not) from its acquisition to its sale. It is of a municipal nature, so the collection is the responsibility of the municipalities and its calculation varies depending on the site where the property is located.
However, on November 10, 2021, a new way of calculating the taxable base of the municipal capital gains tax came into force. Since then, taxpayers can choose between two different methods: one based on the actual capital gain and another that calculates the “objective” increase in the value of the land. The decision to choose one or the other depends on which is more convenient for the owner.
Thus, let’s assume that an owner bought his house in 2017 for 310,000 euros and sold it in 2021 for 350,000 euros. Moreover, the cadastral value of the house at the time of the sale was €100,000 and, of this, €60,000 represented the cadastral value of the land. Therefore, we can assume that the percentage of the cadastral value that corresponds to the land is 60%.
How is property tax calculated in Ecuador?
On the other hand, in tax matters, paragraph 7 of Article 134 of the Constitution provides that the Budget Law may not create taxes, although it may modify them when a substantive tax law so provides.
Matters which fall outside these provisions are matters outside the scope of the General State Budget Law. In this way, the content of the Law is constitutionally limited – unlike what happens with other Laws, whose content is, in principle, unlimited – within the scope of the State’s competence and with the exclusions inherent to the matter reserved to an Organic Law.
The activation of the safeguard clause advised by the European Commission in March 2020 and the consequent temporary suspension of the fiscal rules of the Stability and Growth Pact provided the necessary budgetary flexibility to face the effort to overcome the adverse effects of the crisis.
In its Communication to the Council of March 3, 2021, the Commission considered that the conditions for maintaining the general safeguard clause in force in 2022 are currently met, forecasting its deactivation in 2023, without prejudice to the overall assessment of the state of the economy based on quantitative criteria.
Where to pay the property tax in guayaquil
While the former SII official (Patricio Aguilera) was taking steps to bypass the internal control of the institution, using his computer or that of other workers -without consent- to formulate and approve declarations, his brother Gonzalo was in charge of recruiting the people who would be used for this purpose.
CIPER contacted the Aguilera Godoy brothers to get their version of events. While Gonzalo claimed that he had no knowledge of this investigation against him, Patricio declined to refer to it before defending himself in court. His lawyer did not answer our calls either.
PATRICIO AGUILER’S TRACKSThe complaint filed at the regional prosecutor’s office in La Serena, signed by the director of the SII, Fernando Barraza, clearly details the responsibilities of each of the accused:
Using the passwords of other SII workers, Patricio Aguilera accessed the system “Atención Renta and/or Plataforma de Recepción de Renta” and accepted the artificially inflated returns. Once released, the only thing left to do was to wait for the Treasury to issue the checks or deposit the millionaire tax refunds in each taxpayer’s account. Of the 16 cases, 15 wrote checks and only one person received a deposit in his private account.