Who currently pays the AJD on a mortgage in Spain?

The bank. Since Real Decreto-ley 17/2018, in force from 10 November 2018, article 29 of the TRLITPAJD establishes that in mortgage loan deeds the taxpayer for the AJD is the lender. Ley 5/2019 then consolidated the full allocation of mortgage costs.

So the buyer pays no AJD at all when buying a home?

It depends on the home. On a new build, the buyer pays the AJD on the purchase deed (on top of VAT); what the bank took over is only the AJD on the mortgage loan deed. On a resale home there is no variable AJD on the purchase, because it is taxed under the ITP instead.

How much is the AJD and who sets the rate?

The variable AJD rate is set by each Spanish region, generally between 0.5% and 1.5%, applied to the mortgage liability or the deed value, with reduced rates for cases such as a primary residence or subsidised housing (VPO). Ceuta and Melilla apply the state regime with a relief.

Can the bank pass the AJD on to me through fees?

Not as such: the tax is legally the bank's, and Real Decreto-ley 17/2018 also barred banks from deducting it in corporate income tax. The overall price of the mortgage is another matter: banks' costs end up reflected in market rates and fees, which is why you should always compare offers by APR.

July 14, 2026

Who pays the AJD stamp duty on a Spanish mortgage in 2026? The bank — and this is the law that says so

Since November 2018, the AJD stamp duty on the mortgage deed is paid by the bank by law. What the AJD is, the exact legislation, and what the buyer still pays.

If you’re mortgage-hunting in Spain, sooner or later you’ll run into three letters that starred in one of the loudest legal soap operas in Spanish banking: AJD, the stamp duty on notarial documents (Actos Jurídicos Documentados). The good news, for once, is simple: the AJD on your mortgage deed is paid by the bank. By law. Here are the details, the exact legislation and the caveats that do affect you.

What the AJD is

The AJD is one of the three forms of the ITPAJD tax (alongside the ITP transfer tax and the tax on corporate operations), regulated in the consolidated ITPAJD law, Real Decreto Legislativo 1/1993. Among other things it taxes notarial documents: there is a fixed fee (the stamped paper) and a variable fee applied to deeds with economic content that can be registered — such as a new-build purchase or the creation of a mortgage.

That variable fee is the one that hurts: each region sets its own rate, normally between 0.5% and 1.5%, and on a mortgage it is applied not to the capital borrowed but to the mortgage liability (capital plus guaranteed interest, costs and expenses), which usually runs at 130–150% of the loan. For a €200,000 mortgage, the AJD could easily mean €2,000 to €4,000.

The 2018 soap opera, in three acts

For decades that tax was paid by the customer, backed by article 68 of the tax’s regulations. Until this happened in the autumn of 2018:

16 October 2018. The Third Chamber of the Supreme Court rules that the taxpayer for the AJD on mortgage loans is the bank, striking down the regulatory wording that said otherwise.
6 November 2018. After two weeks of chaos, the full Chamber, split, reverses course and hands the tax back to the customer.
8 November 2018. The Government settles the matter by decree: Real Decreto-ley 17/2018, of 8 November amends article 29 of the TRLITPAJD and writes into the law: “In deeds of loans secured by a mortgage, the taxpayer shall be deemed to be the lender.” In force since 10 November 2018.

The same decree added a lock: the expense is not deductible for the bank in corporate income tax, so the transfer wouldn’t come free.

And Ley 5/2019 sealed it

A few months later, Ley 5/2019, of 15 March, on real estate credit contracts (the LCCI) set out the full allocation of mortgage costs in its article 14.1.e). Since it came into force (16 June 2019), on any new mortgage:

Mortgage loan cost	Who pays
AJD on the loan deed	Bank (art. 29 TRLITPAJD)
Notary fees for the loan deed	Bank
Land Registry registration	Bank
Administrative agency (gestoría)	Bank
Property appraisal	Customer
Copies of the deed	Whoever requests them

If a lender tries to charge you anything from its column, that’s illegal — and courts have spent years ordering refunds of costs unduly charged on pre-law mortgages.

What you still pay (don’t let the headline mislead you)

The bank takes on the AJD of the loan, not of your purchase:

New builds: the purchase deed, subject to VAT, carries its own AJD — and that one is the buyer’s. The rate depends on the region (for instance, the Valencian Community has it at a general 1.4% since June 2026, with a reduced 0.1% for a primary residence).
Resale homes: the purchase is taxed under the ITP and carries no variable AJD — the two are incompatible on the same act. Check your region’s rate in the ITP guide or calculate it directly with the ITP calculator.
Novations and subrogations: these are exempt from AJD in the cases covered by Ley 2/1994 (switching banks or renegotiating rate and term) — one more reason why transferring your mortgage is so cheap.

The honest fine print

Does this mean your mortgage costs €3,000 less than in 2017? In the official gazette, yes; in the market, partly. The costs banks absorb end up baked into the price of money — spreads and fees adjust to each moment’s reality. The practical consequence for you is a different one: no more tax surprises at the loan signing, and comparing mortgages is cleaner than ever because the APR reflects what you actually pay. That’s what the mortgage comparison and the purchase costs guide are for, with the full account of what does come out of your pocket.

Note: informational content, not tax or legal advice. The legislation cited is linked to its consolidated texts in the BOE; regional AJD rates change frequently — verify your region’s before signing.