July 25, 2021

The decree that obliges banks to pay mortgage taxes comes into force

The decree that obliges banks to pay mortgage taxes comes into force



The banks will have to assume from today the tax that is paid when elevating the mortgages to public writing, but they will not have to do it when they grant the credits to certain entities and institutions, like the State or the Church, that were already exempt when this tribute the customers paid for it.

The Official State Gazette (BOE) published yesterday the royal decree law approved on Thursday by the Council of Ministers to modify the laws that regulate the tax on legal acts documented and the corporate tax.

The text, which prevents banks from deducting the taxation of mortgages of the Corporation Tax, comes into force today but must be validated in Congress.

The Government promoted the legal change after the decision of the plenary session of the Contentious-Administrative Chamber of the Supreme Court to rectify the three rulings that it issued in October according to which the banks, and not the clients, should pay the tax.

After two days of debate, the plenary decided last Tuesday to return to the previous doctrine, which caused the tax to fall on the clients.

The royal decree law modifies article 29 of the consolidated text of the Law on Transfer Tax and Stamp Duty to establish that, when writing loans with mortgage guarantee, the taxpayer will be the lender, that is, the bank.

In addition, article 45 changes to exempt banks from paying the tax when granting mortgages to certain institutions such as the State, public administrations or cultural, scientific or charitable entities.

This exemption, which was already applied when the tax was paid by clients, extends to political parties with parliamentary representation and to churches and religious communities that have signed cooperation agreements with the State.

Despite the legal changes promoted by the Government, customers who have paid the tax in recent years have protested in recent days against the performance of the Supreme Court.

For this Saturday United Podemos has convened a rally before the doors of the Supreme Court in protest against the decision of the court, ruling against which acts have been convened during this day in other cities of Spain.

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