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V2862-19 16 October 2019 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · hipoteca unilateral

Acceptance of a unilateral mortgage is not subject to the progressive rate for documented legal acts

A query was raised regarding whether the deed for the acceptance of a unilateral mortgage should be taxed at the progressive rate for documented legal acts. The Directorate General for Taxes (DGT) ruled that it should not, as the act lacks its own valuable content independent of the already taxed guarantee.

The question raised

Whether the aforementioned deed would be subject to any of the modalities of the Transfer Tax and Documented Legal Acts Tax, or whether it should be understood as not subject to the same because it is not a new act, but rather an accessory act to the constitution and its novation, both of which have already been subject to taxation.

The DGT's ruling

The acceptance of a unilateral mortgage is not subject to the graduated rate for documented legal acts because the requirements of Article 31.2 of the TRLITPAJD are not met. The act of acceptance does not have as its object a valuable amount or thing, as the valuable element is the guarantee itself and not the act of accepting it. Considering the acceptance as a new act would imply double taxation on a single valuable object.

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