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V0966-15 ·26 March 2015 ·consulta-vinculante Medium impact
Tax

Taxable base for the assignment of mortgage loans is the outstanding balance plus interest and other charges

A query was raised regarding the taxable base for Stamp Duty (Documented Legal Acts Tax) in the assignment of mortgage-backed loans. The Directorate General for Taxes (DGT) ruled that the base is the total guaranteed amount, defined as the capital outstanding at the date of assignment plus interest and other agreed charges.

In 6 key points

How it affects those involved

This ruling clarifies the calculation method for Stamp Duty in mortgage assignments, ensuring that the entire guaranteed amount, not just the principal, is subject to taxation.

Lifecycle

2015-03-26PublishedPublished 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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