From November 10, 2018, the party liable for stamp tax on the creation of mortgage loans will be the lender. This is the rule laid down by Royal Decree-Law 17/2018, of November 8, 2018, published in the Official State Gazette of November 9.
We are offering a summary of the main tax amendments proposed by the Government. As it is a bill, it may undergo substantial changes when discussed in Congress.
Decree-Law no.87/2018, of 31st October 2018, was officially published, that amends the Decree-Law no. 8/2017, 17th January 2018, related to the Annual Accounting and Tax Return (so-called “IES”).
Ministerial Order no. 282/2018, of October 19th, was officially published, which amends Ministerial Order no. 302-B/2016, of December 2nd, and approves the “Lists of Non-Reporting Financial Institutions and Excluded Reportable Accounts”.
The Supreme Court has confirmed that, after the correctness of a tax asset has been examined and confirmed, the tax authorities are not allowed to question its use in a later year, on the basis of the substantive res judicata principle on which the court provided an interesting analysis.