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Judgment of the TS: the bank must pay AJD tax in mortgages

A recent judgment of the Supreme Court has created precedent on who must pay the documented legal acts (AJD) .

A recent judgment of the Supreme Court has created precedent on who must pay the documented legal acts (AJD) . To date, the taxpayer of this tax was mortgaged, that is, who had to pay it. However, in a sentence the Supreme Court has established that it is the bank who must assume the payment of the tax of documented legal acts.

With this judgment, the Supreme Court has set jurisprudence in mortgages waiting for the plenary to decide if it ratifies it. The High Court has indicated that it is the banking entities who must pay the tax because it is the only one interested in elevation to public deed, since only with this document the bank can exercise the executive and privileged action that derives from the mortgage.

What is the Tax on Documented Legal Acts (AJD)?

The Documented Legal Acts Tax (AJD) taxes notarial, commercial and administrative documents. The exact amount of this tax will depend on each autonomous community, since it is a transferred tribute.

This tax is collected together with that of Patrimonial Transmissions (ITP), and has generated approximately 6,000 million euros during the first eight months of the year, according to the intervention data of the General State Administration (IGAE). /p>

The collection of ITP and AJD has had a 10% growth compared to the same period last year. The AJD amount is estimated between 0.5% and 2% on the loan amount, depending on what stipulated by each autonomous community, so an average amount of 2,500 euros is expected.

November 5, key date

The Supreme Court will finally rule on November 5. The 33 magistrates that make up the Chamber must unify jurisprudence. On this date, the effects of the mortgage sentence that requires the banking tax of documented legal acts (AJD) will be analyzed.

Can you claim?

client will no longer have to assume this tax when hiring his mortgage. It is estimated that around 1.5 million taxpayers could claim the return of this mortgage tax for the last four years.

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