Supreme Court To Decide Whether To Confirm Jurisprudential Turn Of Mortgage Tax Judgment

The Plenum of the Third Chamber of the Supreme Court will decide whether to confirm the jurisprudential turn of the ruling on the mortgage tax

The president of the Third Administrative Chamber of the Supreme Court, Luis María Díez-Picazo, has issued the following informative note:

Given that sentence no. 1505/2018 of Section 2 of the Contentious-Administrative Chamber of the Supreme Court, relating to the taxpayer of the Stamp Duty, represents a radical turnaround in the jurisprudential criteria up to now sustained and taking into account, likewise, its enormous economic and social repercussion, the President of the Chamber has agreed, as a matter of urgency:

First, to repeal all the indications regarding pending appeals with a similar object.

Second: ...

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The bank must pay the mortgage tax

The Supreme Court has clarified that who must pay the tax on legal acts documented in the public deeds of mortgage loan is the lender, not who receives the loan.

The ruling is intended to establish definitive jurisprudence on a matter in which the high court itself has been issuing contradictory rulings for years. Between 2001 and 2015, all of its rulings determined that it was the client who had to pay the tax under tax law. But in 2015, the civil chamber changed its criteria and considered it abusive under the consumer protection law. In March 2018, on the other hand, the Supreme Court rectified this new vision and determined once again that the mortgaged had to pay it off. But the Contentious-Administrative Chamber has now again fixed that the financial entity pay it.

It takes into account, for this, that the registered business is the mortgage and that the only interested party in the notarization and subsequent registration of those businesses is the lender ...

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THE SELF-EMPLOYMENT REFORM LAW IS BEING INAPPLICABLE

THE CONFUSING WORDING AND RESTRICTIVE INTERPRETATION BY THE TAX OFFICE LEAD TO UNCERTAINTY AND INSECURITY IN THE COLLECTIVE

The majority of the self-employed who should have the right to deduct living expenses when for work reasons they have to eat away from home, do not do so because of the confusion with which it drafted the legal rule and the restrictive interpretation that seems to make the Tax Agency of the same.

Let us remember that in the case of the deduction of maintenance allowances, three fundamental requirements had to be met:

1st The deductible expense is produced as a consequence of the economic activity carried out by the self-employed.
2nd ...

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