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A father inquired whether he could exclude the value of a building from the taxable base when receiving a donation of a plot of land containing a structure he had built himself. The Directorate General for Taxes (DGT) ruled that the property comprises both the land and the construction, and therefore both must be included in the taxable base.
Cuestión planteada Base imponible del Impuesto sobre Sucesiones y Donaciones.
La base imponible en las donaciones es el valor real de los bienes y derechos adquiridos. Dado que el inmueble a donar está compuesto por el terreno y la construcción, la base imponible del Impuesto sobre Sucesiones y Donaciones debe incluir el valor real de ambos elementos, sin que sea posible excluir el valor de la construcción.
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