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V0622-25 3 April 2025 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · derecho de adquisición preferente

Free creation of a preferential acquisition right is subject to Inheritance and Gifts Tax

The consultant asks whether the gratuitous creation of a preferential acquisition right over real property is taxable. The DGT determines that as it is a profitable and non-onerosive transfer, it is subject to Inheritance and Gifts Tax, not Transfer Tax.

The question raised

Taxation of the transaction.

The DGT's ruling

The acquisition of a right of first refusal and redemption without consideration constitutes a gratuitous transfer inter vivos. Therefore, it is not subject to the Transfer Tax and Documented Legal Acts Tax, but rather to the Inheritance and Gift Tax. The taxable base shall be the market value of the acquired right.

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