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V1134-19 23 May 2019 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · sujeto pasivo

Lender is the taxable person in mortgage-backed loans and subjective exemptions are lost

A query was raised regarding who is liable for tax in various loan and guarantee operations following the 2018 and 2019 reforms. The DGT clarifies that in mortgage loans, the lender is the taxable person and that subjective exemptions no longer apply in these cases.

The question raised

First question raised: Regarding the determination of the taxpayer:

The DGT's ruling

In mortgage loan deeds, the taxpayer is the lender. For other acts such as mortgage cancellation, financial leasing, or guarantees other than mortgages, the general rule applies (the acquirer or the party requesting the document). Objective exemptions (such as those in Law 2/1994 or social housing) remain, but subjective exemptions (such as those for protected cooperatives or when the taxpayer is SAREB) cease to be applicable in mortgage loans pursuant to Law 5/2019.

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