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V3129-21 ·17 December 2021 ·consulta-vinculante Medium impact
Tax

Donating bare ownership of a property generates a capital gain or loss for Income Tax purposes

A query was made regarding the Income Tax (IRPF) treatment of donating the bare ownership of a property to a child. The Directorate General for Tax (DGT) ruled that this transaction generates a capital gain or loss as it alters the composition of the taxpayer's assets.

In 6 key points

How it affects those involved

This ruling clarifies that the separation of bare ownership from usufruct is a taxable event for Income Tax, requiring the calculation of capital gains or losses based on the difference between the acquisition and transfer values.

Lifecycle

2021-12-17PublishedPublished 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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