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V0806-22 ·13 April 2022 ·consulta-vinculante Medium impact
Tax

Promissory notes with a 'non-negotiable' clause are not subject to Stamp Duty (provided it is stated upon issuance)

The applicant inquired whether including a 'non-negotiable' clause in a promissory note prevents it from being subject to ITPAJD (Stamp Duty). The DGT ruled that such a clause prevents the document from functioning as a bill of exchange, provided it is explicitly stated at the time of issuance.

In 6 key points

How it affects those involved

This ruling provides legal certainty for businesses using non-negotiable promissory notes, confirming they are exempt from Stamp Duty (ITPAJD) as they do not serve as negotiable instruments.

Lifecycle

2022-04-13PublishedPublished 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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