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A taxpayer inquired whether they must pay tax on an amount transferred to the non-marital child of their sister's husband following a conciliation agreement. The DGT ruled that this transfer is considered a donation and the donor has no obligation to pay tax.
Cuestión planteada Si el consultante tiene que tributar en algún impuesto por la cantidad que entregue al hijo del marido de su hermana.
La cantidad entregada mediante el acuerdo de conciliación se considera una donación. En este tipo de negocios jurídicos gratuitos, el sujeto pasivo es el donatario y no el donante. Por tanto, al consultante no le corresponde tributar por la entrega de ese dinero, independientemente de la obligación tributaria que tenga el beneficiario.
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