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A taxpayer inquired whether the cancellation of their share of a mortgage loan following a donation is subject to ITPAJD. The DGT clarified that repaying the loan does not constitute a taxable event, whereas the formal cancellation of the mortgage does, although it is exempt.
Cuestión planteada Tributación de la operación.
La amortización de un préstamo hipotecario no está sujeta al Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados. Por otro lado, los actos de cancelación formal de la hipoteca sí se someten a la modalidad de actos jurídicos documentados, pero están exentos del impuesto según el artículo 45.I.B.18 del TRLITPAJD.
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