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A query was raised regarding whether a father acting as a joint and several co-debtor for his daughter's mortgage loan is subject to Transfer Tax (ITP) and Stamp Duty (AJD). The Directorate General for Taxes (DGT) ruled that, as the guarantee is not simultaneous with the loan, the transaction constitutes a bond that must be taxed separately.
Cuestión planteada Tributación de la operación planteada por el Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados.
La asunción de responsabilidad como codeudor solidario se califica como contrato de fianza. Al no ser simultánea la constitución de la fianza con la concesión del préstamo, esta tributa de forma independiente al préstamo. El sujeto pasivo es el acreedor afianzado, la base imponible es el importe total de la obligación garantizada (capital, intereses, etc.) y el tipo impositivo es del 1%.
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