Through Royal Decree-Law 17/2018, the Spanish government has approved a modification of the Law which governs Stamp Duty in respect of the taxable person in public deeds documenting loans secured by a mortgage. Specifically, a new statement specifying that the taxable person is the lender, instead of the borrower—as traditionally understood—has been added. The modification also implies that the relevant expense will not be deductible for CIT purposes on the lender's side. The modification is applicable since 10 November 2018.
This development was motivated by social pressure as a consequence of certain judgments of the Supreme Court which initially changed the traditional criterion and subsequently withdrew from that.