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V2551-17 ·9 October 2017 ·consulta-vinculante Medium impact
Tax

Agreements for 'ab initio' mortgage ranking equality are not subject to Stamp Duty on variable instalments

A query was raised regarding whether mortgage ranking equality clauses in a deed can be taxed independently for Documented Legal Acts (AJD). The Directorate General for Taxes (DGT) has determined that these agreements do not constitute a taxable event independent of the main mortgage.

In 6 key points

How it affects those involved

This ruling prevents double taxation or separate taxation on clauses intended to ensure that subsequent mortgages hold the same priority as the initial one, confirming they are part of the main mortgage's taxable event.

Lifecycle

2017-10-09PublishedPublished 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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