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A query was raised regarding whether the redistribution of a mortgage loan following the segregation of a property triggers Stamp Duty (AJD) and whether the property would be subject to the repayment of said loan. The DGT ruled that while the operation is taxable based on the variable instalment, it does not result in the assets being subject to the debt, as no transfer of rights or assets has occurred.
Question posed: Whether it is appropriate to settle the Stamp Duty tax for releasing the real estate property free of encumbrances under the terms set forth, and whether, in the event that the seller (liable for the tax payment) fails to settle it, the transferred premises would be subject to the tax liability.
The redistribution of a mortgage credit due to the division of an estate constitutes a taxable event for the variable rate of Stamp Duty (Actos Jurídicos Documentados). However, as there is no transfer of assets or rights, the attachment regulated in Article 5 of the TRLITPAJD does not occur. Therefore, the real estate property is not subject to the tax liability.
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