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V5438-16 ·23 December 2016 ·consulta-vinculante Medium impact
Tax

Mortgage loan novation is only exempt from AJD if it modifies the interest rate or the term

A query was raised regarding whether modifications to mortgage loans (grace periods, changes to interest calculation and repayment systems) are exempt from the progressive Stamp Duty (AJD) rate. The DGT ruled that the exemption under Law 2/1994 applies only to changes in the interest rate or the term, and not to other financial modifications.

In 6 key points

How it affects those involved

This ruling clarifies that most structural changes to mortgage terms do not qualify for tax exemptions, potentially increasing the tax burden for borrowers seeking to renegotiate repayment methods.

Lifecycle

2016-12-23PublishedPublished 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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