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V1622-23 7 June 2023 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · cancelación de prenda

Cancellation of a movable pledge via public deed is subject to AJD tax

A query was raised regarding whether the deed for the cancellation of a non-possessory pledge held by a pharmacy is subject to Stamp Duty (AJD) and who is liable for the payment. The DGT has determined that it is taxable and that the taxpayer is the party requesting the deed.

The question raised

Whether said deed is subject to Stamp Duty (AJD) and who is the person liable for payment, if applicable.

The DGT's ruling

The deed for the cancellation of a movable pledge is subject to the Stamp Duty (AJD) modality as it is a public deed with a valuable object, registrable in the Registry of Movable Property, and not subject to other scenarios of the tax. The taxable person shall be the person in whose interest the deed is issued, as the special rule for loans with mortgage guarantees does not apply to guarantees other than a mortgage, such as a pledge.

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