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V1391-23 ·23 May 2023 ·consulta-vinculante Medium impact
Tax

Assuming mortgage debt when receiving property is subject to ITPAJD rather than ISD

An individual is to receive a property donated by their sister, but will assume the outstanding mortgage debt through a novation. The DGT has determined that, because there is consideration for the assumption of the debt, the transaction is onerous and must be taxed under Transfer Tax (ITPAJD).

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2023-05-23PublishedPublished 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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