July 29, 2021

DIRECT | Supreme Decision on the mortgage tax | Economy

DIRECT | Supreme Decision on the mortgage tax | Economy


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Opinion | I dont give credit. "We may have witnessed the most foolish celebration of euphoria and disappointment in recent years." The column of David Trueba

Photo: Concentration of the Platform of Affected by Mortgages in front of the Supreme Court. Jaime Villanueva

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Entities assume the tax payment from now on, but consider retroactive, unfair Íñigo de Barrón

Photo: Several bank branches in a street in Madrid. Jaime Villanueva

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Two of the magistrates who defended the new jurisprudence were the speakers of the resources, Nicolás Maurandi and Francisco José Navarro Sanchís, who were seconded by four of the judges who spoke during yesterday's plenary. Other five participants were nevertheless against confirming the new doctrine and pleaded to return to the previous situation, that of the clients who pay this tax to the Treasury, according to sources consulted by Europa Press.

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The Minister of Finance, María Jesús Montero, has explained that the Government has contemplated the potential impact of tax refunds on mortgages, albeit temporary, on the public deficit. "If that happened," he warned, it would mean an increase of four or five tenths in the deficit target, which would "put the exit of the excessive deficit procedure at risk." (EFE)

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The Minister of Finance, María Jesús Montero, has added that the autonomous communities calculate in 5,000 million euros the potential impact of the return of the tax associated with the mortgages in case the Supreme Court decides that the bank must pay it with a retroactivity of four years. (EFE)

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The Minister of Finance, María Jesús Montero, said Tuesday that the Government is "expectant" by the pronouncement of the Supreme Court on the tax on legal documents (AJD), which is expected to occur on Tuesday, although it has advanced that the Government has studied the "different scenarios" . This has been stated in statements to journalists before intervening in the Forum Five Days.

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The exporter of CiU in the Congress and exlíder of Unió Democràtica, Josep Antoni Duran Lleida, said on Tuesday that the "very serious error" committed in his judgment by the Supreme Court (TS) with the controversy over mortgages can affect the case "procés" when it reaches the European courts. In statements to Antena 3, Duran has warned that this issue "has not done any favor to the Judiciary and Spain" and is "doing harm" to Spanish justice in Europe. (EFE)

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The debate in the Contentious-Administrative Chamber, as pointed out by some of the attendees, was on Monday a broad "legal depth", with very long interventions, of between 25 and 30 minutes each. Some magistrates warned that the important thing was to ensure that the "principle of legal security" is complied with, that the decision taken is consistent with what the law says and takes into account if there is any circumstance that justifies changing the criterion so far established . http://cort.as/-Bt2F

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The differences of opinion among magistrates of the Contentious-administrative of the Supreme prevented this Monday that the plenary of this room put an end to the doubts about who must pay the tax of legal acts documented. The magistrates met for five hours in the morning session and three in the afternoon session, but the session ended without an answer on whether the criterion established on October 16, which established that the bank should pay the tribute, should be maintained. . The president voted on this matter and the majority voted in favor of processing the resources and discussing them. http://cort.as/-Bt2F

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The attention of the Spanish Stock Exchange is again on Tuesday in the Supreme Court, and listed banks continue to suffer tension with losses of 1.53% for Bankia; of 1.34% for Banco Sabadell; of 0.83% for BBVA; of 0.78% for Caixabank and for Santander, and 0.51% for Bankinter.

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The main indicator of the Spanish Stock Exchange, the IBEX 35, retreats 0.37% minutes after starting negotiations and has lost 9,000 points, pending the opinion of the Supreme Court on the tax on mortgages.

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The Supreme Court on Monday postponed the decision on who should pay the mortgage tax, after eight hours of session, in which 28 of the 31 members of the plenary session participated.

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The plenary session of the administrative contentious Supreme Court takes on Tuesday its analysis on the doctrine of the recent ruling that considered that the bank should assume the payment of the tax of documented legal acts (AJD) of the mortgages, and not the client. The meeting will begin at 10 o'clock.

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Good Morning. We return the information live on the payment of the tax on mortgages.

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Say goodbye to the live one with the news of the debate about who should pay the mortgage expenses. The session of the Contentious-Administrative Chamber resumes tomorrow, Tuesday at 10 in the morning. Goodnight.

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If some community refuses to refund the money, the client would have to go back to court. Here two options would be opened, according to the sources consulted. The first, go through the contentious-administrative way to claim the tax to the Treasury or the communities.

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In the event that it is confirmed that the bank has to pay, there is little doubt about the fact that this expense can be claimed for four years to the Treasury. The tribute of documented legal acts is managed by the autonomous communities so the return should be requested before them.

Some communities have already shown their intention to return the money to the citizen if the Supreme establishes a retroactivity of four years, but then they would try to claim it from the banks, reports Reyes Rincón.

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While both are in favor of paying banks, the speakers have disagreed about retroactivity, reports Reyes Rincon.

Maurandi was in favor of leaving in writing in the ruling that banks have to assume the tax on mortgages from now on and with a retroactivity of four years, the time it takes to prescribe the taxes.

Navarro Sanchís, for his part, refused to set this retroactivity because, in his opinion, all taxes can be claimed for four years and it is not up to the Supreme to clarify this aspect.

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Nicolás Maurandi Y Francisco José Navarro Sanchís, the two magistrates who acted as rapporteurs (those who have studied the case in detail and propose a solution), defended that the new criterion that imputes the tribute to the banks be maintained.

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After a lunch break, the plenary session focused in the afternoon on discussing the merits of the matter: who is the taxpayer (who must pay) of the tax of documented legal acts. They were summoned to the full 31 magistrates but finally they have only come 28.

Rafael Fernández Valverde he has missed because he was traveling; Segundo Menéndez, for being a member of the Central Electoral Board, a condition that prevents him from participating in the deliberations; Y Octavio Herrero, He has separated because he lives in Rivas and is guarantor of his children in a house promoted by the municipal housing company, which acts as a recurrent in the three resources on which it was necessary to deliberate, reports Reyes Sequera.

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The morning session was used almost entirely to decide whether the three resources that were to be studied to set the final criterion should be admitted for processing. According to sources consulted, some magistrates maintained that they had to be rejected because the high court has recently taken a decision on the matter: that adopted on October 16 in the sentence that established that the bank should pay it. The president put this issue to a vote and the majority voted in favor of admitting the proceeding, informs Reyes Sequera.

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The meeting, tense, has concluded without a clear decision on whether the criterion established on October 16th should be maintained, which established that it is the bank that must pay the tax. The judges who favored this option have mostly pronounced in favor of claiming those who have paid this tax in the last four years, reports Reyes Rincon.

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The bank will wait "respectfully" to the decision of the Supreme on mortgages. The president of the Spanish Banking Association (AEB), José María Roldán, He said this afternoon before participating in the ninth Conference on the Spanish Banking Sector: "What is important is to say nothing and respectfully wait for the decision" of the Supreme Court.

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The discussion of the 28 members of the plenary session of the Contentious-Administrative Chamber has lasted for eight hours without reaching an agreement. Chronicle of Reyes Rincon.

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One of the keys to the deliberation that will continue tomorrow will be the determination of the retroactivity of the new doctrine (paid by the bank) in case it is confirmed. It is considered that you can look at four years, the term that would allow the claim by the citizens to the Treasury of the money paid for this tax, or be established unlimited. The latter would make it possible to claim a greater number of citizens in the courts. The issue of retroactivity, however, has not been addressed in the debate this Monday, reports Europa Press.

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Two of the judges who have defended to confirm the new jurisprudence (which the bank pays) have been the two speakers of the resources studied today, Nicolás Maurani Y Francisco José Navarro Sanchís. However, other magistrates who have intervened on Monday have been against confirming the new doctrine and have advocated returning to the previous situation, that customers are paying this tax to the Treasury, reports Europa Press.

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The same sources mentioned by Europa Press point out that the magistrates who have intervened have not shown a unified position, and that there have been opinions both in favor and against confirming the jurisprudential turn made three weeks ago by one of the sections of this room, which attributed to the banks the payment of the tax.

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According to Europa Press reports, at today's meeting 9 of the 28 magistrates have participated, two of whom were the speakers assigned to the three appeals in debate, presented by the Municipal Housing Company of Rivas-Vaciamadrid against a judgment previous one that failed in favor of the banking entities.

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"It has provoked an undue distrust in the high court and I can not help but feel it, we all feel it," Lesmes added.

Photos: Carlos Lesmes, during a day of open doors. (Efe)

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Three factors weigh to determine the vote of the 28 magistrates present, informs Reyes Rincon:

  1. The respect that deserves the opinion of the tax experts who signed the sentence of October 18, which established that the bank should pay
  2. The Doubts which, in turn, suggests that these magistrates, several of them recently incorporated into the Supreme Court, changed a settled case-law of the high court in the opposite direction without there being any legal modification that justified it.
  3. The sensation that the image of the Supreme Court is very deteriorated: reversing a decision in favor of the client two weeks after adopting it would generate enormous damage.

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During the last two weeks, there has been "a lot of pasillo" in the Contentious Chamber to exchange opinions, according to several magistrates, who agree that the only sure thing is that there will be no unanimity in the decision, reports Reyes Rincon, as it seems to demonstrate this extension to tomorrow.

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If they choose to keep the bank paying, the magistrates will have to decide if it applies to the loans that are signed from now on or if it has retroactive effects and how far those effects come.

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The magistrates will tomorrow take up the dilemma between confirming the criterion, newly established, that the tax of documented legal acts must be paid by the bank because it is the main beneficiary of the writing of the loan before a notary or revoke that decision and return to the previous jurisprudence, which fixed that the tax is the responsibility of the client, informs Reyes Rincon.

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Today's debate has been extended for eight hours, interrupted by a break at noon. Sources consulted by Europa Press already had the possibility of being asked to continue it in a new session for Tuesday.

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From 10 in the morning and with a break at noon, 28 magistrates of the Chamber have remained, of the 31 that make up the plenary session. Of the three absentees, one has excused himself for traveling, another for presiding over the Central Electoral Board and a third party has alleged personal reasons, for having his family a house in the Madrid municipality of Rivas-Vaciamadrid, which has been set aside because relatives they have a house in the town, municipality that acts as a recurrent in the resources that are seen in this House. (EP)

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Photo: Andrea Enria, president of the European Banking Authority (EBA). (Reuters)

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The congress This Tuesday the works of the presentation of the Commission of Economy and Enterprise on the project of law of real estate credit, that seeks to incorporate in the mortgage regulation the distribution of expenses that assume bank and consumer at the time of formalizing the contract. Precisely, for this reason the commission chose not to close the paper until hearing the decision of the plenary session of the Contentious-Administrative Chamber of the Supreme Court, meeting on Monday to deliberate on its decision to condemn the banks to take charge of the tax Documented Legal Acts (AJD), which until now the clients have supported. (Europa Press)

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The IBEX 35 rises 0.2 points at the close of the trading session this Monday, and is placed above the 9,000 points. Almost all financial companies closed with rises, except for Santander (-0.63): MAPFRE (+0.11), Bankinter (+0.35), Sabadell (+0.5), BBVA (+0.83) ), CaixaBank (+0.84) and Bankia (+1.8).

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The Minister of Development and Secretary of Organization of the PSOE, José Luis Ábalos, has advanced today that, depending on the ruling on the Tax on Documented Legal Acts, the Government will consider articulating "some type of help" to the autonomies so that it does not affect their financial situation. In the press conference after the Executive of the PSOE, Abalos has hoped that today there is a "clear resolution" of the Supreme Court, which continues the deliberation on the doctrine, issued in October, in which he attributed to the bank, and not to the client, the payment of the tax of Documented Legal Acts (AJD) in the signature of a mortgage. The Government will make an assessment once this resolution is known and, depending on how the decision of the Supreme Court, will take "one decision or another," he said. (EFE)

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The Supreme Court resumes its meeting after the lunch break.

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The secretary of Organización de Podemos, Pablo Echenique, has called on citizens to take to the streets to protest if finally the Supreme Court decides that it is not the banks that have to pay the tax of legal acts documented, the so-called tax on mortgages. In addition, he has warned that if that were the decision it would hurt a lot "the prestige of the judicial system", inform Europa Press https://twitter.com/Pablo_Iglesias_/status/1059471666286346240

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Recess in the Supreme Court to eat until 4:30 p.m. Reyes Rincon informs.

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The member of the CGPJ, Juan Martínez Moya, has assured that it is "fully convinced" that the answer given by the Supreme Court, which is studying on Monday whether the banks will finally pay the mortgage tax, will "fulfill one of the essential purposes of the law, which is to provide security legal, stabilize the expectations of conduct, in this case to all citizens. " Martinez Moya, who recalled that the CGPJ does not exercise jurisdictional functions, has made it clear that it respects the "normal" operation of the TS and has insisted that he is convinced that the answer he will give on this issue will be "legal security". (Europa Press)

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The Platform of Affected by the Mortgage of Madrid has concentrated today in front of the Supreme Court to demand that justice oblige banks to pay the tax on mortgages. Photo: Jaime Villanueva.

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The Platform of Affected by Mortgages (PAH) of Valencia has concentrated at the gates of the Superior Court of Justice of the Comunitat Valenciana (TSJCV) to ask "where is the real justice" before the meeting of the plenary session of the Contentious-Administrative Chamber of the Supreme Court, which studies this Monday it will be the banks that finally pay the mortgage tax. This group denounces that the revision of this sentence "knocks down democracy and tombs absolutely everything", in the words of its spokesperson, Jesús González. The PAH has manifested itself along with other collectives such as Iaioflautas, where they have shouted "this justice does not represent us!" and they have shown posters of 'Stop Evictions' and a banner about the PAH proposals for the Housing Law. (Europa Press)

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A group of people He has been demonstrating all morning at the doors of the Supreme Court. They ask that this one decide that it is finally the banks that take charge of the tax of the mortgages. Photo: Rodrigo Jiménez (EFE)

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Good Morning. We open directly to inform about the last hour of the decision of the Contentious-Administrative Chamber of the Supreme Court, which meets today to establish the final criterion on who should pay the tax on mortgages in Spain, the bank or customers.

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