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V2305-21 ·16 August 2021 ·consulta-vinculante Medium impact
Tax

The taxable base for mortgage loan novation is the economic value of the modified clauses

A query was raised regarding the taxable base for a deed of novation intended to extend the term of a mortgage loan where the lender is not a credit institution. The DGT has determined that the transaction is subject to the Stamp Duty (Actos Jurídicos Documentados) regime and that the taxable base is the value of the modified financial clauses.

In 6 key points

How it affects those involved

This ruling clarifies the tax treatment for non-bank mortgage novations, establishing that tax is levied on the economic impact of the changes rather than the total loan amount.

Lifecycle

2021-08-16PublishedPublished 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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