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V0612-23 14 March 2023 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · subrogación hipotecaria

Tax benefits for mortgage subrogations and novations maintained for real estate lenders

A query was raised regarding whether the new definition of 'real estate lender' limits the tax benefits under Law 2/1994 to specific loans. The Directorate General for Taxes (DGT) ruled that the amendment expands the range of eligible entities without conditioning the benefit on the type of borrower or the use of the property.

The question raised

Effects of the modifications introduced by Royal Decree-law 19/2022 to Law 2/1994. Specifically, it is inquired whether the new wording of its article 1 is intended to restrict the objective scope of application of the tax benefits regulated in articles 7 and 9 of said Law to the loans referred to in article 2.1, letters a) and b) of Law 5/2019 and, therefore, whether said tax benefits will continue to be fully applicable to subrogation operations and to those of modificatory novation of the interest rate, the term, or both, of mortgage loans in which the debtor is a legal entity, regardless of whether the real estate property on which the guarantee falls has a residential use or another.

The DGT's ruling

The reference to the concept of 'real estate lender' defines the subject who may be subrogated, but does not condition the benefit on the recipient of the financing or the object of the loan. Once a person or entity is considered a real estate lender by virtue of their professional activity, they maintain that status for all their loans. Therefore, the tax benefits of Law 2/1994 apply regardless of the status of the borrower or the purpose of the loan.

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