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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.
Cuestión planteada Si dicha escritura tributa o no en AJD y quién es el obligado al pago, en su caso.
La escritura de cancelación de prenda mobiliaria está sujeta a la modalidad de AJD por ser una escritura pública con objeto valuable, inscribible en el Registro de Bienes Muebles y no sujeta a otros supuestos del impuesto. El sujeto pasivo será la persona en cuyo interés se expida la escritura, ya que no se aplica la regla especial de préstamos con garantía hipotecaria a garantías distintas como la prenda.
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