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V0257-14 31 January 2014 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · transmisiones patrimoniales

The establishment of a loan between private individuals is exempt from ITPAJD but must be declared

An inquirer asks about the taxation of an amount of 3,000 euros received from his father. The DGT clarifies that, although the establishment of loans is exempt from the tax, there is an obligation to file the tax return.

The question raised

Question raised: Taxation of the operation.

The DGT's ruling

The establishment of a loan between private individuals is an operation subject to the modality of onerous transfers of assets of the ITPAJD. However, said establishment is exempt from the tax according to the recast text of the regulation. Despite the exemption, the obligation to file the tax return remains.

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