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V2651-18 ·2 October 2018 ·consulta-vinculante Medium impact
Tax

Outstanding mortgage debt cannot be used to reduce the property transfer value

A taxpayer inquired whether the sale price of their property could be reduced by accounting for outstanding mortgage credits and other debts secured against the property. The Directorate-General for Tax (DGT) ruled that the transfer value is the actual disposal amount minus expenses and taxes, with no provision to deduct outstanding debt.

In 6 key points

How it affects those involved

This ruling clarifies that for capital gains tax purposes, the transfer value must reflect the gross sale price (less specific costs) rather than the net proceeds received after settling mortgage liabilities.

Lifecycle

2018-10-02PublishedPublished 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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