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A query was raised regarding whether cash donations and the transfer of usufruct of shares, which require the donee to repay a debt to the company, constitute 'donaciones modales' (donations with a charge). The DGT ruled that these are onerous donations and are taxed on their full amount for Inheritance and Gift Tax purposes.
This ruling clarifies that when a donation carries an obligation to settle a debt, the entire value of the gift is subject to tax, rather than just the net benefit received by the donee.
The tax team reviews your specific situation.
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