El Blog de Lawyou
What is paternity leave ? The paternity leave is a right that workers who have just become parents or who have just adopted or fostered a minor have to receive an allowance during the time they suspend their employment contract or cease their activity. This leave may be requested by employees, civil servants and self-employed […]
Finally, it will be possible to claim the tax of the mortgages
Around and around with the IAJD
If we make a timeline, on what has happened in recent months around the Stamp Duty Tax the evolution has been as follows:
At the beginning of 2018 the SC said that the payment of the tax for the constitution of a mortgage should be carried out by the client.
On October 16 of the same year through STS 1505/2018 the Supreme changed its criteria establishing that who should make the payment of the tax are the banks and not the clients.
After the debate that arose from the ruling, Finally, on November 6 of last year they decided that it would again be the customers who would pay the tax.
After seeing the final decision of the Supreme Court, the Government considered that legal uncertainty was being generated that affected the entire mortgage market, so it met in plenary session to decide on the matter, taking action and modifying the law. Specifically, it approved on November 8 the Royal Decree-Law 17/2018 obliging banks to assume the payment of the Stamp Duty Tax (AJD) linked to a mortgage.
What about mortgages signed before?
The claim by customers to which the STS 1505/2018 judgment could have given rise is not possible, since the subsequent STS of November 6 that gave reason to the banks applies.
However, there may be room for the possibility of claiming compensation from the State for pecuniary liability to the mortgage holders. In this case, it had to be demonstrated that an injury has occurred and that there is a causal relationship between the Administration and the damage caused.
In any case, if you have signed a mortgage loan and you want to receive advice on your specific case, the best thing to do is to contact a lawyer. He/she will be able to study your case, advise you and inform you on how to proceed or simply explain how the tax works.
The alternative in the intra-corporate conflict . Like any other contractual relationship, being a partner in a company implies assuming rights and obligations vis-à-vis the other partners and vis-à-vis the company. During the life of the company, conflicts may arise, and on some occasions it may be necessary the intervention of a third party to […]
What is an Arbitration Agreement ? An arbitration agreement is an agreement between parties to submit to arbitration a contingency, conflict or divergence arising within a contractual or non-contractual legal relationship. This means that the parties agree that the resolution of the dispute will be made by arbitrators, not by judges, but for this agreement […]
Main out-of-court dispute resolution mechanisms . The claims of the parties to a legal relationship, whether or not there is a contract signed between them, are often contrary or at least different, in some or all points of the contract or business. The normal thing is to think that in these cases we have to […]
National Congress of the Legal Profession in Valladolid . Changes in the legal sector . Something is changing… And that’s why… on May 8 Lawyou Law Firm will be at the National Congress of Lawyers, representing the most influential legaltech of 2019 to inform and raise awareness of the independent lawyer that the new times […]
What is the right to vacations? . The vacation is the period of rest in which, despite not working, the worker continues to receive the salary that corresponds to him/her. The vacations correspond to that person who has worked during the whole year and must enjoy them within the year in which they have been […]
What is a business corruption offense?
The mere acceptance of an offer or promise to obtain an unjustified benefit or advantage in exchange for unduly favoring another in the acquisition or sale of goods, or in the contracting of services or in commercial relations is punishable as a crime of corruption in business.
