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V1467-14 3 June 2014 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · subrogación hipotecaria

Exemption for mortgage subrogation and modification applies to both loans and mortgage credits

A query was raised regarding whether the exemption under Law 2/1994 for mortgage subrogations and modifications also applies to mortgage credits. The DGT ruled that it does, treating both financing models as equivalent.

The question raised

Whether the exemption established in Articles 7 and 9 of Law 2/1994, of March 30, regarding the subrogation and modification of mortgage loans could be applied to mortgage financing in general, regardless of the model of instrument (loan or credit) used.

The DGT's ruling

The exemption provided in Articles 7 and 9 of Law 2/1994 must be applied to mortgage financing in general, regardless of whether a loan or a credit facility is used. This criterion is based on the interpretive integration of the rule and on social reality, considering that in the Tax on Transfers and Documented Legal Acts, there is a unified treatment for both figures.

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