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V3846-15 2 December 2015 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · novación hipotecaria

Authorization of junior creditors to maintain mortgage priority is not subject to ITPAJD on the variable instalment

A query was raised regarding whether the involvement of junior creditors in a novation deed to maintain mortgage priority is subject to ITPAJD. The DGT ruled that such a clause does not constitute a taxable event for the variable instalment.

The question raised

Whether the authorization by these registered creditors of a subsequent rank in the novation deed is subject or not to taxation under the Stamp Duty (Impuesto de Actos Jurídicos Documentados).

The DGT's ruling

The clause where creditors express their agreement with the novation and the maintenance of the mortgage rank does not constitute a taxable event for the variable quota of the notarial document. As it does not involve an alteration of the mortgage rank, it lacks taxable content and does not meet the requirements of Article 31.2 of the TRLITPAJD.

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