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V3166-21 22 December 2021 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · actos jurídicos documentados

Endorsement of a nominative cheque is subject to Stamp Duty

A query was raised regarding whether the endorsement of a nominative cheque is subject to Stamp Duty (Actos Jurídicos Documentados). The DGT ruled that the endorsement transforms the cheque into an order document that performs a bill of exchange function, thereby making it subject to the tax.

The question raised

Whether the check endorsed to the applicant is subject to documented legal acts.

The DGT's ruling

Checks that are subject to endorsement perform the function of a draft by being transformed into order documents. The taxpayer is the person who performs the endorsement, being considered issued by the endorser. The recipient of the endorsement is jointly and severally liable for the payment of the tax due to their involvement in the negotiation or collection.

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