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V0099-22 21 January 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · permuta

Property exchanges are subject to ITPAJD rather than Inheritance Tax

A father and son intend to carry out simultaneous and reciprocal donations of their homes. The DGT has ruled that, because there is consideration (one property in exchange for another), the act is not a donation but a barter or sale.

The question raised

Subjectivity of the described operations to the Inheritance and Gift Tax.

The DGT's ruling

Acts are taxed according to their true legal nature and not by the denomination assigned to them by the parties. Since there is consideration in the exchange of dwellings, the transaction is onerous and not a gratuitous transfer. Therefore, the ITPAJD applies in its modality of onerous asset transfers. In the event of a barter, each party shall be taxed on the value of what they acquire.

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