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V1039-22 ·9 May 2022 ·consulta-vinculante Medium impact
Tax

Assumption of debt by a child without consideration may constitute a gift, unless it is a loan repayment

A taxpayer inquired whether the novation of a mortgage loan to remove them as a co-borrower, leaving their child as the sole debtor, constitutes a gift. The DGT indicates that the assumption of debt without consideration is a gift, but this may not be the case if it is proven to be the repayment of a previous loan from the parent to the child.

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2022-05-09PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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