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A taxpayer inquired about where to file the tax return for a cash donation from their mother, given they had lived in different communities. The DGT ruled that jurisdiction lies with the Autonomous Community where the donee has their habitual residence on the date the tax liability arises.
Cuestión planteada Lugar donde debe presentar la autoliquidación.
La donación de dinero, al ser un bien mueble, tributa en la Comunidad Autónoma donde el donatario tenga su residencia habitual a la fecha del devengo. La residencia habitual se determina por el lugar donde se haya permanecido más días durante los cinco años inmediatos anteriores a la donación. La DGT no tiene competencia para determinar el lugar de residencia habitual del consultante ni la normativa específica de la Comunidad Valenciana.
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