Who pays mortgage set-up taxes? Spanish mortgage market plunged into confusion by the Supreme Court

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Who pays mortgage set-up taxes? Spanish mortgage market plunged into confusion by the Supreme Court

In this article, published in Spanish Property Insight, Clara I. Gómez Sevilla talks about the new ruling of the Supreme Court regarding mortgage expenses.

The new ruling by the Spanish Supreme Court on mortgage expenses (STS105 / 2018) declares that it is the bank and not the borrower who must pay the taxes involved in setting up a mortgage;  and declares null the Art.68 of Tax Regulation on Transfer and Stamp Duty Tax (IAJD), a resolution that is not free of controversy.

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