The Spanish banking entities breathe relieved after the new ruling of the Supreme Court on the tax on documented legal acts (IAJD).
And it is not for less, because although the Government has changed the law so that the bank pays this tribute, thanks to the judicial decision the banks will save to return the greater expense that is generated when writing a mortgage . From the Good Finance comparator, they calculate that, on average, the cost of the tax is just over 1,700 euros per contract .
The largest constitutional expense
The tax on legal acts generated when writing a mortgage loan can be, according to the autonomous community in which the contract is formalized, between 0.5% and 1.5% of the mortgage liability , which is the sum of the concepts guaranteed by the mortgage (capital, ordinary and late interest, etc.). Thus, for an average credit of 150,000 euros , its cost would be between about 860 and about 2,500 euros , or what is the same, about 1,725 euros on average .
That is what the bank will save back thanks to the new ruling of the Supreme Court, in which it is determined that it is the client who should pay the tax. However, since the Government of Spain has changed the law so that the tax is paid by the entities , from now on it will be up to them to face that amount of money.
Therefore, from Good Finance they point out that they will have to be attentive to the possible measures that banks take to compensate for that expense . Although the Executive is confident that the cost of the tax will not be passed on to customers, many experts say that the bank could make the price of mortgages or other financial products more expensive.
You can still recover about 1,600 euros on average
But although the refund of the tax on documented legal acts cannot be claimed, other expenses paid in the deed of the mortgage can be recovered.
This is the case of the notarial and registration fees and the fees of the agency , which the bank must reimburse (totally or partially, depending on the judgment of each judge) if it forced the client to pay them in full.
Property registry fees and about 400 euros
For example, for an average mortgage of 150,000 euros, the Good Finance comparator calculates that about 863 euros could be recovered for the notarized fees paid, about 375 euros for the property registry fees and about 400 euros for the amount charged by the managing agency That is, each mortgaged could claim the return of about 1,638 euros on average .
From the comparator the so-called Manual for the return of the expenses of your mortgage is provided , a tool that allows to calculate what expenses could be recovered and indicates what steps must be taken to file a claim, either before the bank or before a court specialized in unfair terms.