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V0051-23 ·16 January 2023 ·consulta-vinculante Medium impact
Tax

Release of a co-debtor in a mortgage is subject to Stamp Duty

A query was raised regarding whether the release of a debtor in a mortgage, following the dissolution of a co-ownership, is subject to Stamp Duty (Actos Jurídicos Documentados). The Directorate General for Taxes (DGT) confirms that it is subject to this tax and specifies which party is liable for payment.

In 6 key points

How it affects those involved

This ruling clarifies the tax implications for co-owners when one party is released from a mortgage obligation during the division of common property, confirming the applicability of Stamp Duty.

Lifecycle

2023-01-16PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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