Back to index
V0015-18 9 January 2018 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · subrogación hipotecaria

Mortgage subrogation is not subject to ITP or AJD, but the new guarantee must be taxed

A taxpayer inquired whether taxes must be paid following a loan novation after a divorce, where they subrogated as the sole debtor and their parents acted as guarantors. The DGT ruled that the subrogation itself does not trigger tax, but the establishment of the guarantee does constitute a taxable event.

The question raised

Whether the tax must be settled again, given that all corresponding taxes were already paid upon the establishment of the loan, without any current increase in principal or term, nor any other modification to the remaining conditions of the original loan.

The DGT's ruling

The subrogation of a third party into mortgage liabilities does not constitute a taxable event for onerous transfers of assets, nor is it subject to the gradual levy of Stamp Duty (AJD). However, the establishment of a guarantee is a taxable event for onerous transfers of assets. As it is not simultaneous with the granting of the loan, the guarantee is taxed independently based on a tax base equal to the real value of the security (principal, interest, etc.).

Book your free first meeting