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A married couple inquired whether receiving real estate through a donation from their son is subject to Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that the acquisition of assets via donation is not subject to Income Tax, as it is taxed under Inheritance and Gift Tax.
Cuestión planteada Si la donación recibida está sujeta a tributación en el IRPF.
La adquisición de bienes, como un inmueble, por donación no se encuentra sujeta al Impuesto sobre la Renta de las Personas Físicas. Según el artículo 6.4 de la LIRPF, estas transmisiones a título lucrativo están sujetas al Impuesto sobre Sucesiones y Donaciones, conforme al artículo 3.1 b) de la Ley 29/1987.
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