July 25, 2021

Customers will not pay the mortgage tax

Customers will not pay the mortgage tax


What conclusion could the Supreme Court decide today?

That will not be the citizens, the borrowers, in short, those who have to take charge of the payment of the Tax on Documented Legal Acts. The majority of the High Court is inclined to respect the ruling of October 16, which sowed the controversy, and that banks are charged with this cost in the future.

From when?

From the date that is put on the document of the Supreme Court, which, in addition, will establish the jurisprudence that must be applied by all the courts of the administrative litigation of Spain.

Will the controversy end?

That is what has been discussed yesterday and today: to end the controversy.

Is it so important?

Suffice it to say that the banks, the doubts of the High Court have cost him in terms of stock price (market value), more than 8,000 million euros in just two weeks.

What do those affected have to do?

Being a tribute that is also assigned to the autonomous communities they will be responsible for the return to those affected.

Should not be directed at any time to the entity that lent the money?

No. Because the bank did not benefit at all from that money that the citizen paid. It is a tax and therefore the final depository of that money was the Treasury, in this case, regional. Therefore citizens who want to recover the money paid will have to complain to the Treasury delegation of each Autonomous Community, if, as everything seems to indicate, retroactivity is allowed for four years.

Why four years?

Because it is the current statute of limitations for tax crimes and the IAJD is a tax. You can not claim any debt after four years.

And what will happen to the bank?

Normally, the thesis that is defending the majority of the Supreme is that they will have to take charge of that tribute. What remains to be fixed is from what date.

Is there any other resource for the citizen?

Civil liability, which is not extinguished until after 15 years. But you have to fight.

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