September 21, 2020

How to claim the tax of documented legal acts of the mortgage?

Teresa Sánchez Vicente


Updated:

The Supreme Court has changed its position and has decided that it is the bank and not the client who should pay the tax on documented legal acts in the initial signing of a mortgage. In a judgment dated October 16, the high court establishes that it is the lender, and not who receives the loan, who has an interest in registering the operation and elevate it to public deed. Until now, the high court only recognized the return of notary fees, property registration, appraisal and management, derived from the formalization of the mortgage. With this new ruling, banks will also have to assume the expenses of the tax on documented legal acts.[[Check here the sentence of the Supreme]

The consumer associations consider that the ruling is good news and encourage them to request reimbursement of the amounts paid. From Adicae calculate that six to eight million mortgaged have paid this tax, but they will ensure that it is to see how the sentence is interpreted. "The legal services of ADICAE will study in depth the same to know how many affected are entitled to claim", indicate from the association.

The association of consumers OCU adds that the ruling affects "the most important part" of formalization expenses, which depending on the autonomous community can range between 1,000 and 4,050 euros. The OCU has indicated that the banks must pay all the formalization expenses of the mortgages and now also the Tax on Documented Legal Acts, something that will benefit six million families, according to the calculations of the association.

From the OCU they calculate that for a mortgage of 150,000 euros and a tax rate of 1.5%, this tax is equivalent to 4,050 euros. To that should be added the rest of the expenses that can amount to more than 1,500 euros (600 euros of notary, 200 of registration, 350 of appraisal and 400 euros of agency), which is a total 5,550 euros, although this amount it varies from one region to another depending on the tax and the year in which the credit was established.

Request a refund to the Treasury

The Trade Union of Technicians of the Ministry of Finance (Gestha) has pointed out that those citizens who have formalized a mortgage loan in the last four years, the exercises not prescribed fiscally, can request to the Treasury the refund of undue income, plus interests of delay. In this way, these citizens can circumvent the judicial path, longer and more expensive, to request the return of this tax.

Thus, as it is a tax assigned to the autonomous communities, they should go to the regional treasuries and request the return of undue income, plus interest on arrears, according to the transfer to Europa Press Gestha's spokesperson, José María Mollinedo.

On the other hand, the experts of Legálitas recommend following the following steps in order to recover the amounts already paid:

1. Collect the necessary documentation. Locate the deed of mortgage loan whose expenses are claimed claim, along with notary invoices, property registration, property valuation, agency and tax of Documented Legal Acts.

2. Write a claim document addressed to the bank. It is important to make the request to the correct entity, since due to the absorptions between banks the claim may be lost, just as, in case of having changed banks, the mortgage should be requested to both entities.

3. Study in detail the response of the bank It may be the case that banks try to negotiate with clients and make proposals that do not benefit them so that the client renounces his rights and prevents him from filing a legal claim in the future.

4. Control the times for resolution of the claim. The bank should resolve the claim within two months of the claim being made. It is likely that the entity will try to disengage the client by extending the resolution period by requesting additional documentation or by forcing the entity to redo the claim using a specific form. It is important that the consumer knows their rights and knows how to deal with these situations.

5. In case the bank disregards the request, from Legálitas ensure that demand must be filed in specialized courts.

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