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A taxpayer inquired whether the removal of a guarantor in a mortgage loan subrogation deed is subject to Stamp Duty (AJD). The DGT ruled that the cancellation of a guarantee does not constitute a taxable event for this tax.
Cuestión planteada Si dicha eliminación del avalista tributaría por el concepto de actos jurídicos documentados.
La constitución de una fianza es una operación sujeta a transmisiones patrimoniales onerosas, pero la cancelación de la fianza no constituye un hecho imponible del ITPAJD. Asimismo, la cancelación no queda sujeta a la modalidad de actos jurídicos documentados por no ser un acto inscribible en los registros mencionados en la ley.
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