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V0767-22 8 April 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · hipoteca unilateral

Unilateral mortgage deeds are subject to the Documented Legal Acts tax

A query was raised regarding whether the creation of a unilateral mortgage is subject to Documented Legal Acts (AJD) and who the taxable person is. The DGT has determined that, as it is not subject to onerous property transfers, it is taxed under the notary documents modality, and the taxable person is the party requesting the deed.

The question raised

Whether the deed of constitution of a unilateral mortgage would be subject to the modality of Documented Legal Acts and who the taxable person for the tax would be.

The DGT's ruling

The constitution of a mortgage by a VAT taxable person is not subject to the transfer tax modality of onerous asset transfers. However, the public deed of said constitution is taxed under the modality of documented legal acts (notarial documents) pursuant to Article 31.2 of the TRLITPAJD. The taxable person is the individual who requests the issuance of the document, which, in the case of a unilateral mortgage pending acceptance, is the mortgagor.

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