The Syndicate of Technicians of the Ministry of Finance, Gestha, have estimated that 1.5 million taxpayers they could demand the return of the Tax on Documented Legal Acts (AJD) to the autonomous communities only for the mortgages constituted in the last four years – those that are not prescribed for tax purposes-, in case the Supreme Court confirms that they are the banks, and not the mortgaged, who must run with the payment of this lien. Within the autonomous communities, Andalusia would be the region where most affected they would request it while Ceuta would be the one with the fewest complaints, according to data prepared by this entity.
In this sense, Gestha has estimated that those who have been mortgaged since October 2014 could receive 3,631 million of euros, plus interest on late payment. In the opinion of the technicians of the Ministry of Finance, taxpayers who have signed a mortgage in the last four years would be those who could ask for the refund of the amount paid to the Treasury as it would not have been prescribed from the tax point of view. l
In addition, he added this union, other 13.4 million mortgaged before September 2014 would have to sue with its banking entities to receive 25,657 million, plus interest.
How to claim
From Gestha they have advised to remit the claims for the Tax of Documented Legal Acts (AJD) of the last four years to the autonomous haciendas, in the case in which the High Court on November 5 maintains the sentence of last Friday. In this sense, they have remembered that they are the autonomous communities have been granted the tax.
As for the mechanics, they have specified that the autonomous communities, as they receive the refund requests, must enable a verification procedure and notify the financial institution, demanding the same amount and interest for late payment.
Gestha has warned that although this measure will not reduce regional revenues, the autonomies will have to make a remarkable effort for the massive processing of both procedures, so it believes that communities should coordinate to provide a unified and agile response to the citizen and the banking sector.
In parallel, the technicians of the Treasury have warned that the process of the claims by the mortgaged to the banking entities of the amounts paid by the AJD more than four years ago would be «More cumbersome, long and expensive». In any case, from this union they have asked the banks to return the amounts voluntarily and not force the citizens to sue.
In any case, from Gestha have shown their confidence in the muscle of the bank to comply with the ratification of the sentence that could occur after the Plenary on November 5 and estimated that this represents barely 9.7% of the profits of the bank.