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V0413-26 26 February 2026 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · donación

Private funds deposited in a joint account do not necessarily constitute a donation

The consultant asks whether depositing private funds into a shared account with their spouse constitutes a donation. The DGT responds that co-ownership of an account grants only disposal rights to the bank, but does not establish ownership of the funds or constitute a donation.

The question raised

Question posed: Whether the mere fact of depositing money into a common account can be considered to constitute a donation towards the consultant.

The DGT's ruling

Joint ownership in indistinct accounts does not, in itself, determine the existence of a condominium over the balance, but rather grants powers of disposal towards the bank. The ownership of the funds depends on the internal relationship between the holders and the original source of the money. For a donation to exist, the requirements of the Civil Code must be met, such as the animus donandi. The classification of the transaction shall be a matter of fact to be resolved by the managing Administration according to the evidence provided.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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