Fri. Aug 23rd, 2019

The Supreme Court rejects annulling the Plenary which decided who pays the tax on mortgages

El Supremo rechaza anular el Pleno que decidió quién paga el impuesto de las hipotecas

The Contentious-Administrative Chamber of the Supreme Court has dismissed this Monday the resources who had presented the City Council of Rivas Vaciamadrid (Madrid) to cancel the Full that it failed in November that it was the clients and not the banks who assumed the payment of the Tax on Documented Legal Acts, known as the tax on mortgages.

According to legal sources, these appeals have forced the entire Board to be reunited in plenary session. After studying the reasoning, the magistrates have decided to dismiss them and, for now, only the ruling has been advanced. The magistrates will present their legal arguments in a car that will be published soon.

Mortgage tax

The study of the resources forces to reunite to the Plenary

The request for annulment presented by the City Council was a necessary step if he later wants to bring before the constitutional Court the resolution of the Supreme Court, since it considers that procedural guarantees were violated with it.

The resources pointed out as possible illegality that the parties were not informed of the call of the Plenary that finally fixed the final position on the matter. The plenary questioned, totally fractured -15 votes against 13-, failed on November 6 after 16 hours of deliberations that were the clients who faced payment of the tax.


The Government maneuvered to mitigate the impact on the client

A few hours after hearing the ruling, the Government approved a royal decree establishing that it was the bank and not the client that assumed the IAJD, a fee that entities can not also deduct since the corporate tax was also modified.

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