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Publicado el 19/10/2018
It has been known on Thursday, October 18, 2018, the Judgment of the Supreme Court, Contentious-Administrative Chamber of October 16, in which it is decided (changing the previous criterion) that the lender bank must be the one who must pay the tax on Legal Acts Documented in mortgage loans. Precisely, it is the most important mortgage formalization expense in all cases.
Thus, banks will have to take over this tax on mortgages that are signed from today. For the above, the customer can claim the amount paid for that concept (such as notary, registration or management).
As we indicated in our previous communication, this Office always advises to adapt the claim to the current judicial criterion in the matter, avoiding the risks of hasty and unrealistic claims. Well, with this new Judgment the Supreme Court has taken a very important turn in what, undoubtedly, is good news for the banking client, allowing us to finally claim on their behalf.
It is still pending to be determined by the Plenary of the Court the maintenance of the new criterion and in such case, its consequences, especially on the retroactive effects and if it is indeed the banks or the Tax Administration that has to support the reimbursements.
We are, therefore, waiting for upcoming and decisive events.