to stay ahead of the competition, the president of the Government, Pedro Sanchez, gave the knock on effect of announcing yesterday the result of the Council of Ministers today consisting of indorse to the bench by decree-law the tax on mortgages. It is the legal formula ideal when a Government wants to take total ownership, but in this case carries a high risk of unconstitutionality. There is a risk that a subsequent appeal in the settlement of the tax you finish reversing in the future, and with retroactive effect as announced by Sanchez. If there has been little legal uncertainty these days with the spectacle of the Supreme Court, the Government runs the risk of opening another.
So to match professors of constitutional law, and tax inspectors consulted who remember that article 86. 1. prevents the decree-law to “changes in the rights, duties and freedoms of citizens”. And one of the duties is to contribute to the public coffers. It is perfectly constitutional to decide that it is the bank and not the customer who pays the Tax on Documented Legal Acts and does not cast doubt to do so by law. Yes, in change, by decree.
So it was going to be Tuesday, when at least PSOE, podemos and Citizens were prepared in the parliamentary committee dealing with the Law of real Estate Credit. The speaker, the deputy of the Citizens, Francisco de la Torre, says that the next week was going to be agreed upon a final disposition in which to reform the Law of the Tax on Patrimonial transfers armoring that is the bank and not the customer who paid after the entry into force.
experts say that the Constitution prevents set by the decree who pays a tax.
But, for a time there was broad consensus on something, Sanchez decided not to wait and launch the decree. It is a formula faster, but unsafe during the uncertain months that elapse after his validation and processing as a draft law. In contrast, another formula fast would have been present in the Parliament a law proposal which, in procedure of urgency, and read-only, and given that the major parties are agreed on the principle that you do not pay the customer, would be approved in a few days and without risk.
if that weren’t enough, the PP opens up another front that is to abolish the tax. It has the advantage that it avoids the danger of the banking system the impact on the client, but it opens up a gap milmillonario to the resources of the communities of uncertain solution. We can no longer, but before proposing to raise the tax to the customer and Susana Diaz raised it, although now it’s torn garments. After the show, the Supreme, is approaching another of the political class.
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