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A query was raised regarding whether the creation of a mortgage resulting from a court ruling following a refactory loan is subject to ITPAJD (Documented Legal Acts tax). The DGT indicates that if the mortgage is registered via a court ruling rather than a public deed, the tax on documented legal acts cannot be applied.
Cuestión planteada Tributación en el Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados de la constitución e inscripción de la hipoteca por crédito refaccionario, por inscripción de la Sentencia Judicial.
La constitución de hipoteca por un sujeto pasivo del IVA no está sujeta a transmisiones patrimoniales onerosas. No obstante, para tributar por actos jurídicos documentados debe existir una primera copia de escritura notarial. Si la hipoteca se inscribe mediante sentencia judicial sin necesidad de escritura pública, falta el requisito de documento notarial y la operación no tributa por este concepto.
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