July 27, 2021

Sanchez changes the law for banks to pay the mortgage tax | Economy

Sanchez changes the law for banks to pay the mortgage tax | Economy

The Government will approve this Thursday a decree law with the one that will modify the law that regulates the tax of legal acts documented, the one of the mortgages, so that "never more" they have to pay it the consumers, but that the banks pay it. It is the Government's response to Supreme Court ruling yesterday, that, amending a judgment of mid-October, ruled that it must be the clients, and not the bank, that pay the tax when creating a mortgage loan. In addition, Sanchez has also announced that he will take to Congress the creation of an "independent authority for the protection of financial clients", a body to protect citizens from financial system abuses and conflicts.

Never before had there been such a strong and rapid clash between the highest court and the Government. In the press conference to explain the measure, Sanchez charged with harshness against the highest court, controlled by the conservatives and chaired by Carlos Lesmes, a man boosted there by the PP to which he now has less than a month of mandate, at least in theory. "The Government is working to meet the deadlines" for the renewal of the Judiciary, said Sánchez, pointing to the end of Lesmes' career. "I think that the Supreme Court has to reflect on the debate that has arisen about its credibility, they have to reflect on these two weeks, I respect the independence of the judiciary but no power is outside of the criticism, I believe that the judiciary he must do self-criticism of what has happened. " A few weeks after the beginning of the prosecution trial, the most important for the Supreme Court in recent years, Sánchez wanted to de-link the two processes but admitted that the court has been touched.

The president believes that he will have parliamentary support without problems to validate this decree that is approved tomorrow. The PP, however, now proposes to eliminate this tax directly, by which the autonomous communities enter more than 8,000 million euros annually. Sanchez charged against the leader of the PP, Pablo Casado, for suggesting this elimination. "I talked to the presidents of the autonomous communities of the PP, because they ask me for more resources for health, education, infrastructure, and if they eliminate this tax, they would have fewer resources, and we want it to be maintained and paid by the banks," he said. President.

After the controversy aroused this Tuesday after the decision of the Supreme Court to leave the payment of the Tax on Documented Legal Acts to the client, Sánchez has appeared extraordinarily at La Moncloa to explain the legal reform chosen by the Government so that the banks can be that pay the tax from the entry into force of the new legislation. And he has put a lot of emphasis on this idea: "Never let the citizens pay this tax, but let the banks be". Finally, it will be through a decree law by which article 29 of the Law of Transfer of Property and Documented Legal Acts will be modified, which regulates the tax that is paid upon the constitution of a mortgage. The decree will be approved tomorrow in the Council of Ministers and will be in force on Friday, when it is published in the BOE.

Currently, article 29 of the IAJD law states that "it will be a passive subject [del impuesto y por tanto, quien debe pagarlo] the acquirer of the property or right and, failing that, the persons who initiate or request the notarial documents, or those in whose interest they are issued. "It is this last phrase that caused interpretation problems and by which a regulation was introduced that With the reform, "it will be clear that the tax of documented legal acts will always correspond to the banks and never to the ordinary citizens".

In the appearance has been quite hard with the performance of the Supreme Court, which yesterday corrected a jurisprudence that had been established just three weeks ago, with a sentence of October 16 that in turn amended 20 years of criteria on the tax on mortgages. Sanchez said that, although "always respects" the independence of the judiciary, "the Executive can not stop regretting the situation generated by the ruling of day 16 and that culminated yesterday with the rectified doctrine." The situation is neither positive nor for banks or for judges or, above all, for citizens ". He has even affirmed that the "Supreme has to reflect on his credibility".

As a gesture to consumers, "to elevate the protection of the rights of financial customers," Sanchez has also announced that he will send to the Cortes the "creation of an independent authority for the protection of financial clients" whose objective will be "to guarantee security." of all "and to reinforce protection against abuses of the financial system and improve the ability to resolve conflicts in the financial sector".

The parties, willing

In the reform of the law, the Government will count when it sends it to Parliament, with the support of a large number of political groups. This morning, Adriana Lastra, spokesperson of the PSOE, already announced "good news" in the appearance of Sanchez on possible legal reforms. Later, the president of Citizens, Albert Rivera, and before knowing the intentions of the Government, has given carte blanche to support a legal reform that makes the banks assume the payment of the tax. The "fastest" formula, provided that it is well done so as not to be knocked down, has asked the leader, Albert Rivera, in press appearance in Congress, reports Elsa García de Blas. Rivera has called on the political groups "unanimous and urgent" consensus on this express reform. "If it can be, let's do it next week," he underlined.

Citizens are very critical of the Supreme Court, which considers that it has "self-harmed" with this decision and must make self-criticism, in Rivera's words. But the leader of the Liberal party does not ask for the resignation of the president of the Supreme Court, although he does "cut the umbilical cord" between politics and the judiciary with a change in the process of electing the members of the General Council of the Judiciary.

The spokesperson of the PSOE has also expressed criticism of the performance of the Supreme Court. "The workers of this country were in solidarity with the financial system, which was injected 77,000 million euros for the great crisis that it suffered a decade ago, resources that we will not see again." What is inexplicable is what has happened now with the tax [sobre actos jurídicos documentados]", has affected.


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