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V1675-18 13 June 2018 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · actos jurídicos documentados

Creation of mortgage security for SAREB property purchases is exempt from gradual AJD tax

The applicant asks whether the creation of a mortgage, subrogation into the developer's loan, and the extension of said loan are exempt from Documented Legal Acts Tax (AJD) when purchasing a property from SAREB. The Directorate-General for Taxes (DGT) rules that the creation of security and its extension are exempt, but subrogation into the seller's mortgage liabilities does not constitute a taxable event.

The question raised

1.- Confirm that the creation of the mortgage shall be exempt from the Stamp Duty (Impuesto de Actos Jurídicos Documentados) pursuant to the provisions of Law 9/2012 of November 14, on the restructuring and resolution of credit institutions, which, in its twenty-first additional provision, establishes the tax regime for the asset management company resulting from the restructuring.

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