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V0747-16 ·25 February 2016 ·consulta-vinculante Medium impact
Tax

Mortgage novations modifying the repayment system are subject to Stamp Duty

A query was raised regarding whether a mortgage novation deed that modifies the term, interest rate, and repayment system is exempt from Stamp Duty (Actos Jurídicos Documentados). The DGT has determined that the exemption under Law 2/1994 applies only to changes in interest rates or terms, and does not extend to modifications of the repayment system.

In 6 key points

How it affects those involved

Mortgage holders seeking to change their repayment method (e.g., from constant instalments to increasing instalments) will incur Stamp Duty costs, even if the interest rate or term remains unchanged.

Lifecycle

2016-02-25PublishedPublished 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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