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V0630-19 25 March 2019 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · actos jurídicos documentados

Specially protected cooperatives were exempt from mortgage credit registration until June 2019

An Andalusian agri-food cooperative inquired whether it was required to pay tax upon granting mortgage-backed loans. The DGT ruled that, prior to the entry into force of Law 5/2019, these transactions were exempt for specially protected cooperatives, although the obligation to file tax returns remained.

The question raised

Whether there is an obligation to settle the tax in cases where credits are granted with mortgage security.

The DGT's ruling

Specially protected cooperatives enjoy an exemption from tax for the establishment of loans pursuant to Law 20/1990. However, this exemption does not preclude the obligation to file the tax return. As of June 16, 2019, due to the amendment of the TRLITPAJD by Law 5/2019, these mortgage credit deeds cease to be exempt.

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