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V0859-22 21 April 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Donating half of a property generates a capital gain or loss for Personal Income Tax purposes

A taxpayer inquired about the taxation of donating a property to her daughter, which is jointly owned with her husband. The Directorate General for Taxes (DGT) ruled that the donation of her share generates a capital gain or loss subject to tax.

The question raised

Taxation of the donation in the Personal Income Tax (IRPF).

The DGT's ruling

The donation of half of a real estate property generates a capital gain or loss as a variation in the value of the assets occurs. The amount is determined by the difference between the acquisition and transfer values. For assets acquired for consideration, such as an inheritance, the rules of the Inheritance and Gift Tax shall apply. The resulting gain shall be included in the savings tax base.

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