Was the ITBI calculated based on an amount higher than the sale price?
The amount of ITBI charged is sometimes exorbitant! Find out how to get a refund!
Did you pay more in ITBI than you should have? You may be able to get that money back
The ITBI (Real Estate Transfer Tax) is typically calculated at 2% to 3% of the sale price, depending on the municipality. The problem arises when the city sets its own value, which is higher than the actual sale price of the property.
What does the STJ say about this?
The amount you reported for the transaction is presumed to be correct. The municipality can only challenge it by initiating a formal administrative proceeding—it cannot simply set its own reference amount and charge based on that.
How to Tell If You've Overpaid
Check your deed: Was the ITBI calculated based on the actual sale price, or on a reference value set by the city? If it was the latter, you’re likely entitled to a refund of the difference—with interest.
How to get a refund
The STJ’s decision does not automatically bind municipal governments—a claim for reimbursement of overpayment must be filed to recover the excess amount paid.
Do you think you overpaid your ITBI?
Contact Tettu to review your case.