July 29, 2021

The Supreme Court adjourns until tomorrow its decision on the tax on mortgages

The Supreme Court adjourns until tomorrow its decision on the tax on mortgages

The plenary session of the Contentious Administrative Court of the Supreme Court (TS) will resume tomorrow its meeting on the tax of documented legal acts (AJD) of the mortgages, interrupted after eight hours of deliberation.

With a break for lunch, the 28 magistrates assembled, – of the 31 that form the plenary, one has been absent for being on a trip, another for presiding over the Central Electoral Board and a third, after alleging personal reasons -, they will resume tomorrow from 10 a.m. the analysis of the recent sentence that made the financial entities pay the tax, but did not specify its scope.

That is, if you definitively exempt the client from the date on which you dictate your final position, or if it can to claim from the Treasury the taxes accrued in the last four years – statute of limitations for tax purposes-.

In this sense, the Minister of Development and Secretary of Organization of the PSOE, José Luis Ábalos, has advanced today the Government will study articulate "some type of help" to the autonomies so that it does not affect your financial situation.

In a third scenario, the mortgaged could apply to the banks by judicial means, as long as they had subscribed a mortgage loan between January 2003 and September 2014.

If it finally establishes that the tax paid for the last four years can be claimed, technicians of the Treasury 3,631 million euros the amount paid to the treasury by 1.5 million taxpayers in that period.

But if the retroactivity were extended, Gestha maintains, another 13.4 million mortgages – those who signed their contracts between January 2003 and September 2014 – could claim another 25,657 million euros.

In any case, if it is confirmed that it is the banks that will have to assume the tax from now on, the risk measurement agency Moody's has calculated that this will mean a disbursement of about 640 million per year to the sector.

Only one day after the ruling known last October 18, the president of the room, Luis María Díez Picazo, announced that given the "radical turn" in the case law and the "enormous economic and social impact" was convened today's plenary , to clarify the loose ends.

The repercussion provoked by the decision of October 18, to which were added two other pending sentences to notify that they also charged to the bank the payment of the tax and the promptness with which the president of the Chamber tried to qualify the ruling, forced the President of the Supreme Court and the General Council of the Judiciary (CGPJ), Carlos Lesmes, to apologize.

At the inauguration of an open day at the institution, Lesmes apologized "to citizens who would have felt harmed" by the "poor management" of the sentence, and denied having received pressures or calls from banks.

The news caused a collapse of the stock market quotation of the quoted banks, that together they lost that day more than 5,000 million euros; the sector hastened to recall that it has never collected any amount in the form of AJD and to demand from the public authorities "greater legal security and clear and predictable rules for the mortgage market".

The financial entities were not expecting the news, since in February of this year the Supreme Court itself ruled that the person who had to face this tax was the client and not the entities with which the loan is subscribed.

The consumer associations, for their part, valued the decision that the bank should take charge of the tax and criticized with harshness after the apparent change of position of the judges.

So far, the high court has also suspended its deliberations on various appeals filed on the tax, waiting for tomorrow the 28 judges decide whether to carry a total retroactivity or its effect is limited to the last four years.



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