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V0179-20 24 January 2020 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · exención

AJD tax exemption maintained for mortgage loans for the acquisition of agricultural holdings

An owner of an agricultural holding enquired whether the AJD tax exemption for mortgage loans remained in force following legal reforms. The DGT ruled that the exemption is maintained as it is based on the objective nature of the transaction rather than the identity of the taxpayer.

The question raised

Whether the exemption provided in Article 8 of Law 19/1995 is applicable to the deed of constitution of a mortgage loan for the acquisition of a second agricultural holding, which, although it does not yet have priority status, will achieve it by virtue of the acquisition financed with the loan.

The DGT's ruling

The exemption provided in Article 8 of Law 19/1995 for mortgage loan deeds remains in force. Although recent laws change the taxable person in AJD to the lender, this exemption is objective in nature regarding the economic transaction. Therefore, it is not altered by the modifications of Royal Decree-Law 17/2018 or Law 5/2019.

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