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V4739-16 10 November 2016 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · hipoteca unilateral

Acceptance of a unilateral mortgage is not subject to the gradual quota for documented legal acts

A query was raised regarding whether the acceptance of a unilateral mortgage established by a client to secure a loan is subject to ITPAJD. The DGT determines that while the establishment of the mortgage is subject to the gradual quota, the acceptance is not, as it lacks independent valuable content.

The question raised

Whether the described operation is subject to the Transfer Tax and Stamp Duty or, conversely, whether it is not subject to it due to not meeting the requirements of the taxable event of the aforementioned tax.

The DGT's ruling

The creation of a unilateral mortgage through a public deed meets the requirements for taxation under the gradual installment of the Stamp Duty (Documented Legal Acts Tax). However, the act of accepting said mortgage is not subject to this tax because it does not have as its object a valuable amount or thing of its own. The acceptance is considered an accessory act to the creation, the guarantee of which has already been taxed, thereby avoiding double taxation.

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