Skip to content
Back to index
V1915-18 29 June 2018 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · base imponible

Taxable base for mortgage loan assignments: outstanding principal plus interest and similar charges

The inquiry seeks to determine the taxable base for Stamp Duty (Documented Legal Acts Tax) in the assignment of mortgage-backed credits. The Directorate General for Tax (DGT) rules that the base is the guaranteed amount, comprising the outstanding principal and any agreed interest or penalties, provided they are lawful.

The question raised

Taxable Base of the assignment of a credit secured by a mortgage.

The DGT's ruling

In the assignment of mortgage loans, the taxable base for the gradual installment of documented legal acts is the total guaranteed amount. This is composed of the amount of the loan outstanding for amortization on the date of the assignment, together with interest, indemnities, penalties for breach, or other analogous concepts agreed upon. Concepts that are not legal or have been declared unlawful by a final judgment shall not be included.

Book your free first meeting