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V0461-24 19 March 2024 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · donación

Taxation applies to the entire property if full ownership is received, or only to bare ownership if usufruct is retained

The inquirer asks how the receipt of a property from their parents will be taxed, whether as full ownership or as bare ownership. The DGT responds that the donee is the taxable person and that the tax base will depend on the specific type of donation received.

The question raised

Taxation of the transaction.

The DGT's ruling

If full ownership is acquired without consideration, taxation is applied to the total value of the real estate pursuant to Article 9 of the LISD. If only bare ownership is acquired, taxation must be applied to the portion corresponding to said bare ownership, deducting from the total value the portion of the usufruct retained by the donors, in accordance with Article 26 of the LISD. The value of the real estate shall be the cadastral reference value or, failing that, the higher between the declared value and the market value.

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