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V0006-25 2 January 2025 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · donación

The donation of money is taxed in the Autonomous Community where the donee has their habitual residence

A person with tax residence in Murcia and registration in Barcelona inquires as to where the settlement of a donation of money must be filed. The DGT responds that, as it is a movable asset, jurisdiction lies with the Autonomous Community where the donee has their habitual residence.

The question raised

Question raised: Place of filing the Inheritance and Gift Tax return.

The DGT's ruling

The donation of money, being a movable asset, is taxed in the Autonomous Community where the donee has their habitual residence on the accrual date. Habitual residence is determined by the place where the person has remained for the most days during the five years prior to the accrual. In the event of not remaining for more than 183 days in a territory, the person shall be considered a resident where the core of their economic activities or interests is located.

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