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What it is

Bill would make the mortgage tax cost nothing

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 18 June 2019. Introduced by: Grupo Parlamentario Popular.

Official title: Private member's bill amending the second paragraph of Article 31 of Royal Legislative Decree 1/1993, of September 24, approving the Consolidated Text of the Law on Transfers of Property and Documented Legal Acts.

Follow this law

Source: Congreso de los Diputados, file 122/000013· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would change Article 31 of the Tax on Property Transfers and Documented Legal Acts law so that, for mortgages on a first home, the variable portion of the tax would be zero. That portion would not be paid.
  2. The central State would compensate the Autonomous Communities for the revenue they lose because of this measure. The compensation would be based on the average revenue of the 3 previous years.
  3. The law would take effect the day after its publication in the Official State Gazette, except for measures that affect the budget, which would wait until the next fiscal year.
  4. The explanatory statement says the Supreme Court changed its position in 2018 on who pays this tax on mortgages, and that is why a legislative solution is requested instead of leaving it to the courts.

Who it affects

  • People signing a mortgage for their first home: They would not pay the variable portion of this tax.
  • Financial institutions: They could no longer pass that portion on to families, according to the explanatory statement.
  • Autonomous Communities (Comunidades Autónomas): They would lose revenue, but the State would compensate them.

Words worth knowing

Cuota variable
The part of the tax calculated as a percentage of the declared value, unlike the fixed portion, which is a set amount.
Sujeto pasivo
The person legally required to pay the tax.
Prestatario
The person who receives the loan money.
Texto refundido
A single, consolidated version of a law that gathers all its amendments.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced18 June 2019Someone registers the text in the Congreso.
  2. Admitted20 June 2019The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 5 official steps on a timeline
Jun 2019Jul 2019Aug 201911. 18 June 2019: Presentación22. 20 June 2019: Boletín Oficial de las Cortes Generales Publicación desde 20/06/2019 hasta 25/06/201933. 20 June 2019: Calificación44. 25 June 2019: Gobierno Contestación desde 25/06/2019 hasta 24/09/201955. 24 September 2019: Concluido - (Caducado) desde 24/09/2019 hasta 23/10/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Presented before in:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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