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V0767-22 ·8 April 2022 ·consulta-vinculante Medium impact
Tax

Unilateral mortgage deeds are subject to the Documented Legal Acts tax

A query was raised regarding whether the creation of a unilateral mortgage is subject to Documented Legal Acts (AJD) and who the taxable person is. The DGT has determined that, as it is not subject to onerous property transfers, it is taxed under the notary documents modality, and the taxable person is the party requesting the deed.

In 6 key points

How it affects those involved

This ruling clarifies the tax treatment for unilateral mortgages, confirming they fall under the notary documents category rather than property transfers, and identifies the party requesting the deed as the liable taxpayer.

Lifecycle

2022-04-08PublishedPublished 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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