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V0352-15 ·30 January 2015 ·consulta-vinculante Medium impact
Tax

Redistribution of mortgage liability following property segregation is subject to AJD tax

A taxpayer intends to segregate a garage space and release it from the mortgage liability encumbering their primary residence. The DGT has ruled that this action constitutes a redistribution of the mortgage security, which is subject to Stamp Duty (Actos Jurídicos Documentados).

In 6 key points

How it affects those involved

This ruling clarifies that any modification to the scope of a mortgage through the segregation of assets triggers Stamp Duty, affecting property owners planning to separate parts of a mortgaged estate.

Lifecycle

2015-01-30PublishedPublished 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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