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A taxpayer inquired about the tax implications of depositing personal funds into a joint account held with their spouse. The DGT clarified that the authority to withdraw funds from a bank does not equate to legal ownership of the assets, which must be proven based on the source of the funds.
Cuestión planteada Trascendencia fiscal que tendría la operación descrita.
La titularidad de disposición en cuentas indistintas solo otorga facultades de gestión frente al banco, pero no establece un condominio ni la propiedad de los fondos. La titularidad dominical depende de la pertenencia originaria del dinero y debe probarse fehacientemente. Si existe una transmisión de la propiedad del dinero a la otra persona, se producirá el hecho imponible del Impuesto sobre Sucesiones y Donaciones.
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