In a very similar line, Workers’ Commissions, today urged to accelerate the youth employment plan that the Government negotiates with social agents in the face of the surge in youth unemployment in October, while lamenting the “very high” temporality in hiring. 2019 Calendar Clipart Printable Free Download spokesman, Ruben Sanchez, pleads for a sentence of the Supreme that contemplates the “total retroactivity” and of This way users can recover their money. The Supreme Court meets today to decide who should pay the tax on mortgages: the bank or the users. In a judgment dated October 16, the high court states that it is the lender, and not who receives the loan, who has an interest in registering the operation and raise it to a public deed. Until now, the high court only recognized the return of notary fees, property registration, appraisal and management, derived from the formalization of the mortgage.
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Of course, we must bear in mind that what has been paid for the tax on documented legal acts may vary, since this tax varies between 0% and 1.5% depending on the autonomous community in which the transaction is formalized. In total, for therefore, those who had to take care of all the 2019 Calendar Clipart Printable costs of setting up their mortgage could claim the tax refund of an average of just over 3,300 euros to the bank. The Supreme Court will decide today who should pay the tax on mortgages, the bank or the clients. Because of its high impact on the economy and society, the president of Room III reported that the next sentence handed down on this matter will be assessed by the Plenary of the Chamber, and not just by one of the sections.
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The juridical team of reclamador.es, with its legal director in charge, Ramiro Salamanca, has analyzed the possible scenarios that can occur after the celebration of that Plenary in relation to the payment of the Tax of Legal Acts: in the mortgage loans.1 . The Plenary of the Chamber confirms the sentence on the tax of the mortgages of October 16: It is the most probable scenario given that after the same have been issued two more sentences confirming the criterion of the ruling of October 16. It is also the most advantageous scenario for the interests of the mortgaged, according to the legal team of reclamador.es.
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The consequences will not only be deployed in the contentious administrative area, but also in the civil. That is, this scenario opens two ways to claim: administrative and civil. The latter route, the civil one, may be used by consumers as a consequence of the inclusion by the bank of the tax of legal acts documented within the clause that imposes on the mortgaged the payment of all expenses and taxes for the formalization of the mortgage. There is no statute of limitations for claiming through civil proceedings, so that consumers, if this first scenario occurs, may request the entire formalization expenses clause, regardless of the year in which the loan was constituted. The Civil Law of the Supreme Court will continue holding that the tax on mortgages must be paid by the mortgaged or limit the return only to mortgage loans subscribed in a certain period of time, it would be unavoidable to go to European justice by filing a preliminary ruling.
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As for the administrative litigation, all natural or legal persons, consumers or not, who have paid the IAJD for the public deed of the mortgage loan in the last four years, from the date of payment of this tax may claim. two. The Plenary of the Chamber contradicts the ruling of October 16th. This is, that the Plenary of the Chamber does not confirm the jurisprudential criterion established by the Second Section of the Contentious Administrative Chamber of the Supreme Court in the judgment of October 16 on the tax on mortgages.
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The legal team of reclamador.es estimates that it is little It is likely that this scenario will take place, given that the ruling of October 16 was dictated by the specialist section on tax matters, and has been confirmed by two subsequent ones, on October 22 and 23, in all of them with 525 favorable votes in front of to one that supports the previous jurisprudential criterion. That is, five of the judges argue that the taxpayer (the party liable to pay) is the bank, as the person who acquires the real right of the mortgage, in front of a magistrate who maintains that the person liable for payment of the IAJD must be the consumer .
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The Plenary of the Contentious Administrative Chamber does not reach an agreement It could happen that the Plenary of the Chamber did not take a decision due to legal discrepancies. This situation would force to analyze new issues not taken into consideration or raised again in the deliberation of the Plenary.But, given the media impact of the case, the legal team of reclamador.es also considers it unlikely that this will take place.
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Despite this, explains the online legal services company, this scenario could occur if the members of the Plenary decided to make a decision regarding the retroactive effects of the change in case law in relation to the tax on mortgages.
With this new ruling, the banks will have to also assume the expenses of the tax on legal acts documented. According to the financial comparator 2019 Calendar Clipart Printable Free Download, these will be able to recover, on average, more than 3,000 euros. Thus, the comparator calculates that, for an average mortgage loan of 150,000 euros, the mortgaged had to pay just over 1,700 euros for an IAJD at 1%, about 860 euros for notarial fees, another 375 euros for registration fees and approximately 400 euros for the fees of the agency.