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Saturday, January 28, 2023

The Supreme Court orders Seville City Council to report on public properties exempt from paying IBI


Order transparency to be informed of the reason and amount of this benefit, but not the data of the owner, which is protected


The Supreme Court (TS) has ordered the Seville City Council to submit to the Andalusian Council for Transparency and Privacy “as soon as possible” a list of the public properties that are located in that city and are exempt from paying the property tax, known as IBI.

The disputed Administrative Chamber of the Colonel, in a judgment consulted by Europa Press, has decided to uphold the appeal of the Andalusian Transparency Council and set aside both the judgment of the TSJ of Andalusia and that of the disputed Court No. 7 of Seville They considered that they had such data should be protected by law.

For the judges, “nothing prevents” the Seville City Council from providing information on the properties of the State, the Autonomous Communities, the Municipal Councils or the foreign countries resident in Seville that enjoy this privilege and “the thing”. said advantage as well as the amount of the exemption, as far as it is not about protected data”.

In November 2020, the Supreme Court of Justice (TSJ) of Andalusia, through its contentious administrative chamber, dismissed the appeal of the Andalusian Council for Transparency against the judgment of the Sevillian court, which had partially assessed the allegations made by the Seville City Council.


Three years earlier, the Council for Transparency and Data Protection had partially granted a request from the manager of the Association Andalucía Laica, asking the Sevillian Council to identify the “properties exempt from paying the IBI” and “their addresses, amount and legal basis of this exemption, as well as the ownership thereof if it falls to the State, Autonomous Communities and Local Authorities.

The controversial Court No. 7 of the Andalusian capital overturned this decision of the Transparency Council as not “conforming to the law”, as Article 95 of the General Tax Code establishes a special regime that prohibits the transfer and disclosure of tax data to third parties, according to the judgment of the judges.

According to Article 51 of the Cadastral Law, which contains the sentence of July 18, “the name, surnames, company name, identification code and address of those who appear registered as owners”, whether natural or legal persons, also protected as the cadastral value and cadastral values ​​of the land and, if applicable, the construction of the individualized real estate”.


Source europapress.es

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