Taxable base of stamp duty in the operations of reallocation of responsibility in mortgage-secured loans connected to the increase of the amount of such loans

Abstract

This document analyses the Central Economic-Administrative Court’s new criterion, which constitutes reiterated case law, regarding the taxable base of stamp duty in the operations of reallocation of responsibility in mortgage-secured loans connected to the increase of the amount of such loans.

Against the criterion maintained by the General Directorate of Taxes and most of the Regional Economic-Administrative Courts, the Central Economic-Administrative Court reduces the taxable base to the amount of the previous mortgage-secured responsibility being reallocated, not including the amount of the additional responsibility directly connected to the increase of the amount of the loan.