Skip to content
Back to index
V3133-19 11 November 2019 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · actos jurídicos documentados

Objective exemptions for mortgage loans maintained even when the lender is the taxable person

A query was raised regarding whether regulatory changes would eliminate exemptions in mortgage loan deeds when the borrower is an exempt entity. The DGT has ruled that objective exemptions remain in force because the exemption applies to the transaction itself rather than the person.

The question raised

First question raised: Whether the entry into force of the modifications introduced by Law 5/2019 alters or repeals the exemption of the gradual AJD quota regulated in paragraph 25 of Article 45.I.B) of the TRLITPyAJD, which is applicable to "Mortgage loan deeds in which the borrower is any of the persons or entities included in the previous letter A)".

The DGT's ruling

The objective exemptions of the TRLITPAJD remain applicable to mortgage loan deeds, even when the taxpayer is the lender. This includes the exemption for borrowers included in letter A) of Article 45.I and the exemption for reverse mortgage operations. The regulations only abolish partial tax benefits and subjective exemptions in operations where the taxpayer is the lender.

Book your free first meeting