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A Spanish resident employee who pays IRNR queries the taxation of a property donation in Madrid received from her spouse. The DGT responds that, as a resident, she must pay personal liability tax on all her assets regardless of location.
Question raised: Taxation of the transaction.
Taxpayers with habitual residence in Spain are subject to taxation by personal obligation for the acquisition of assets by way of donation, regardless of their location. In the case of donations of real estate, the competent Autonomous Community is that where the property is located. If the donation concerns other assets, jurisdiction corresponds to the Community where the donee has their habitual residence.
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