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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.
Cuestión planteada 1.- Confirmar que la constitución de la hipoteca estará exenta del Impuesto de Actos Jurídicos Documentados en virtud de lo dispuesto en la Ley 9/2012 de 14 de noviembre, de reestructuración y resolución de entidades de crédito que, en su disposición adicional vigésimo primera establece el régimen fiscal de la sociedad de gestión de activos procedentes de la reestructuración.
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