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V1821-24 19 July 2024 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · cancelación de hipoteca

Mortgage cancellation is exempt from ITP and AJD, but requires tax filing

A taxpayer inquired about the taxation of a mortgage cancellation deed intended to clear the property register. The DGT clarified that while the deed is exempt from paying the tax, there remains a formal obligation to submit the corresponding tax return.

The question raised

Question raised: Taxation of the mortgage cancellation deed in order to release the property from the previous mortgage.

The DGT's ruling

The mortgage cancellation deed is exempt from the gradual levy of the documented legal acts modality pursuant to Article 45.I.B).18 of the TRLITPAJD. However, the exemption does not relieve the obligation to file the tax return, as this obligation applies to all taxable events pursuant to Article 51.1 of the TRLITPAJD. The regulatory exceptions that would allow for the omission of said filing do not apply.

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