Each new mortgaged of the Islands save 1,272 euros after the change of Sanchez in the law - The Province
Each Canarian family that from now signs a mortgage loan will save an average of 1,272 euros. The banks are the ones that from now on will have to pay the Stamp Duty (AJD) when the credit is subscribed. There are almost 20,000 islanders who every year become new mortgages. A total of 25.2 million will be saved, according to calculations made by the Technical Union of the Ministry of Finance (Gestha) yesterday after it was announced that the government will force the bank to pay the tax. In an unprecedented situation, the Executive contradicts the judicial power after theSupreme Court(TS) will change the opinion for the second time and hold the clients responsible for the payment of the tax.
Pedro Sanchez announced that the Government will approve today a royal decree law to reform the Tax on Patrimonial Transfers and AJD. Only hours after the Supreme Court decided that those who pay the tribute continue to be the mortgaged ones - contradicting their last sentence - the national president amended the plan to the judicial power and put an end to the doubts. The tax must be paid by financial institutions. Although Sanchez wanted to remove iron to the tension between powers, stressed that "regrets" the failure of the TS. If until yesterday the judicial power had "spoken", now "speaks" the executive power, emphasized the socialist. "Citizens will not have to pay the tax on mortgages anymore," he said. Now he trusts, he said, that banks do not make loans more expensive.
The government measure does not have retroactive character. The 72,000 Canarians who once paid the tax will not recover their money. The regional executive had reserved the 125 million that in total cost them the tribute of AJD to its citizens. If the Supreme Court had decided in favor of the clients instead of the bank and, in addition, with retroactivity, the autonomous communities should have returned an amount of about 5,000 million. Not in vain are the regions that are responsible for the management of the tax, which is paid each time a notarial document is signed, in this case the mortgage. The tax rate in the Archipelago is among the lowest in the country, 0.75% on the value of the mortgage. The Ministry of Finance assured to have a "plan" to coordinate with the autonomic governments the return of the money, which finally will not take place. After the decision of the plenary session of the Contentious Court of the TS, where 15 judges voted in favor of the banks and 13, in favor of the clients - evidencing a deep division - the Government has opened an intermediate way. From now on the financial institutions will pay but the amounts paid to date by the mortgaged ones will not be returned. The idea is to gain "legal security" from this moment.
Fernando ClavijoHe described as "a success" the decision of the central executive after the controversy that had led to the lack of definition of the Supreme. "We fully support the decision," said the president of the Canary Islands Government, who said that neither he nor his cabinet share the resolution adopted by the High Court. It was the same Clavijo who assured that the Autonomous Community had prepared the 125 million paid in his day for those 72,000 mortgaged of the Islands. "We deeply regret the decision of the Supreme Court," he said.
The chances of their mortgaged recovering those mortgages that already paid the 1.5 million tax throughout the country, according to Gestha calculations, seem slim. The fiscal rules "do not obey the principle of retroactivity," as the jurisprudence maintains and recalled Pedro Sánchez yesterday. However, the socialist leader said that citizens "are entitled" to appeal to the Court of Justice of the European Union. In principle, the claims before the community justice would be for the possible patrimonial responsibility of the State. However, the Trade Union of Finance Technicians explained that the European court will not pronounce itself before several years, and when it decides, and even when it does it in favor of these people who paid the tax, there will be a law prescribed in many of the cases. By then only those who have recourse would recover the money. The total sum paid by the Spanish mortgage companies in the last four years amounts to 3,630 million euros.
Although the Congress will approve by absolute majority the Royal Decree Law of the Government, with theyesof the deputies of Canary Coalition and New Canaries included, there are parties that have already criticized that the measure falls short without retroactivity. The general secretary of Podemos,Pablo Iglesias, explained that it is "common sense" that the money be returned and called for citizen mobilization "so that the State will take the side of the population". The deputy Rafael Mayoral was even a step further and noted that it is necessary to clarify whether certain magistrates of the TS "have been able to enrich" with the rebound in the stock market of financial institutions when the Supreme exonerated them from paying the tax. "People have the right to know if we have a justice independent of financial power," he argued.
However, there were also favorable opinions to the controversial decision of the TS. The president of the Canary Confederation of Entrepreneurs (CCE), Agustín Manrique de Lara, said that it is "positive" that the financial sector emerge unscathed. "We may like it more or less, we can agree more or less, but I think the positive conclusion is that the financial system is not damaged, and that also benefits the entire society and economic activity," he said.Efe.
The magistrates, outraged
If Pedro Sánchez asked the Supreme for "self-criticism", the Canarian magistrates did not hide the "disastrous management" that the TS has carried out. Judge Carla Vallejo, representative in the Islands of Judges and Judges for Democracy, defended that the vaudeville of the High Court has left two victims: citizens and the "image" of justice. "It is the worst of scenarios," said Vallejo, who emphasized how justice now suffers from an image that "although it is not real," not only reaches the Supreme, but the entire judiciary. "The management of this whole process has been very very negative," he said.
Ramón Toubes, of the Professional Association of Magistrates, asked politicians not to contribute their criticism to the loss of prestige. He recalled that the parties could have reformed the law before this controversy, and the bank would already be paying the tribute.