In these two rulings, the SC addresses whether the conditions precedent that affect the mortgaged credit and are contained in the notarial deed suspend the effects of the variable amount for notarial documents of the Stamp Tax, since Article 2.2 of Royal Legislative Decree 1/ 199310 excludes the charge in those transactions or agreements subject to a condition subsequent until this has been fulfilled.
In its opinion, this article determines when the tax is accrued on the basis of the type levied on the taxable event. In the case of corporate transactions or documented legal transactions, the tax will accrue, in all cases, on the date when the taxable act is formalized; in the case of property transfers, on the date when the taxable act or agreement is executed.
The type of documented legal transactions is levied on the execution of certain documents that qualify for registration in public registries, and the occurrence of all premises envisaged in the rule11 is sufficient to give rise to the taxable event, with the tax accruing on the date the act subject to taxation is executed. The document, as a physical medium, is not subject to any limitation whatsoever. It is either formalized or not, but once it is, it exists legally, regardless of whether the transaction or agreement it documents is valid .
Lastly, the ruling of November 13 confirms that the value ta ken into consideration for calculating the tax due will be the entire economic value.