AJD- DOCUMENTED LEGAL ACTS IN REAL ESTATE TRANSACTIONS
In the first place , it must be specified when the general regime of the common territory is applicable and when the regional regime
In the common regime , the ITP and AJD is one of the taxes whose yield is transferred to the autonomous communities. Therefore, once the application of this regime has been determined, the autonomous community where the transaction will take place must be established.
Normally, in real estate sales, the AJD is linked to the following cases:
1.- Purchase of a new construction home
2.- Declarations of new construction works, Acts of Completion of Work, Horizontal Division and other notarial acts related to the property.
3.- Mortgage credits, and other notarial acts. The Tax on Documented Legal Acts (AJD) is a tax levied on notarial documents, such as deeds, minutes, and other instruments that document acts and contracts that can be registered in public records. The AJD tax rate varies depending on the autonomous community in which the legal act is performed.
Below are the general types of AJD applicable in each autonomous community and some specific bonuses that can be applied in certain cases:
- Andalusia: General rate 1.2%.
- 1.2% for first copies of deeds and notarial acts that can be registered in the Property Registry when the property is used as the buyer’s habitual residence and its real value does not exceed €130,000.
- 0.3% for acquisitions of habitual residence of a real value not exceeding €130,000 by subjects under 35 years of age.
- 0.1% for acquisitions of habitual residence of a real value not exceeding €180,000 by people with disabilities with a recognized degree equal to or greater than 33% or members of a large family.
- Aragon: General rate 1.5%.
- Discount of 60% in the fee for first copies of deeds that document the acquisition of habitual residence by large families.
- Discount of 30% in the quota for people under 35 years of age, people with disabilities equal to or greater than 65%, or women victims of gender violence, provided that the real value of the property does not exceed 100,000 euros.
- Asturias: General rate 1.2%.
- Special tax rate of 1.5% for deeds and transfer documents waiving the VAT exemption.
- Reduced rate of 0.3% for acquisitions and constitutions of VPP housing mortgage loans by beneficiaries of financial aid from the public administration.
- Balearic Islands: General rate 1.5%.
- 0.5% for notarial documents of mortgage loans linked to the acquisition of the tax domicile of a newly created company or company.
- Canary Islands: General rate 0.75%.
- 0.75% for the acquisition or constitution of a mortgage loan for the habitual residence of large families, taxpayers under 35 years of age or people with physical disabilities.
- Cantabria: General rate 1.5%.
- Reduced rate of 0.3% for people under 30 years of age.
- 0.3% for large families or VPP home acquisitions.
- 0.15% for people with disabilities equal to or greater than 33% or purchase of homes in locations at risk of depopulation.
- Castilla-La Mancha: General rate 1.25%.
- 0.75% for taxpayers under 36 years of age, with a home worth no more than €180,000 and officially protected (VPP).
- Castilla y León: General rate 1.5%.
- 0.5% for owners of large families, people with disabilities equal to or greater than 65%, under 36 years of age and VPP homes.
- 0.01% for acquisition of habitual residence by persons under 36 years of age in municipalities with less than 3,000 inhabitants or less than 10,000 if it is more than 30 km from the capital of the province.
- Catalonia: General rate 1.5%.
- 0.1% for the purchase of subsidized housing.
- 0.5% for acquisition of habitual residence by people aged 32 or less or disabled people.
- Ceuta: General rate 0.5%.
- 50% bonus in quota for properties located in Ceuta.
- Extremadura: General rate 1.5%.
- Special rate of 2% for deeds that document the waiver of the VAT exemption.
- Reduced rate of 0.75% for acquisitions of habitual residence whose value does not exceed €122,606.47.
- Reduced rate of 0.10% for the constitution and cancellation of real security rights by Reciprocal Guarantee Societies.
- Galicia: General rate 1.5%.
- 1% reduced rate if the sum of the assets of the family unit does not exceed €200,000 plus an additional €30,000 per child, and they acquire a habitual residence.
- 0.5% for the constitution of mortgage loans for the habitual residence of people with disabilities equal to or greater than 65%, large families and those under 36 years of age.
- La Rioja: General rate 1%.
- 0.5% for large families, under 36 years of age and purchasers whose salary does not exceed the IPREM by 3.5.
- Community of Madrid: General rate 0.75%.
- 0.4%, 0.5% and 1% according to the deeded amount of housing with public protection.
- Melilla: General rate 0.5%.
- 50% discount on quota for properties located in Melilla.
- Region of Murcia: General rate 1.5%.
- Special rate of 2% for deeds waiving the VAT exemption.
- Special rate of 0.10% for young people under 35 years of age in the formalization of the first transfer for mortgage loans up to €150,000, among other cases.
- Foral Community of Navarra: General rate 0.5%.
- It does not contemplate tax benefits in favor of any group.
- Basque Country: General rate 0.0%.
- Tax exemption for officially protected housing and public promotion.
- Valencian Community: General rate 2%.
- 0.1% for:
- Acquisition of habitual residence
- Constitution of mortgage loans for the acquisition of habitual residence by large families or people with disabilities.