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V0357-24 12 March 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
OTRO · transmisiones patrimoniales

Loans between individuals are exempt from ITPAJD but require a tax return filing

An individual has enquired about the taxation of an interest-free loan received from another individual to purchase a property. The DGT states that while the loan is exempt from ITPAJD, a tax return must still be filed, and it is not subject to IRPF.

The question raised

Question raised: Taxation of the transaction.

The DGT's ruling

Loans between non-professional individuals are subject to ITPAJD but benefit from the exemption provided for in Article 45.I.B)15 of the TRLITPAJD. Notwithstanding the exemption, there is an obligation to file the tax return. Regarding IRPF, the loan does not constitute an acquisition of income for the borrower, therefore the taxable event does not occur.

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