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V2111-24 ·27 September 2024 ·consulta-vinculante Medium impact
Tax

Revocation of a donation is not a new taxable event if civilly annulled

The taxpayer asks whether revoking a donation to avoid paying taxes on a subsequent donation is exempt from Gift and Inheritance Tax (ISD). The DGT rules that revocation does not constitute a new taxable event, provided that the donation can be civilly annulled with retroactive effect.

In 6 key points

How it affects those involved

This ruling clarifies that the reversal of a previous gift, when legally valid under civil law, does not trigger a new tax liability, preventing double taxation on the same assets.

Lifecycle

2024-09-27PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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