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A query was raised regarding how to determine the taxable base when a child assumes their parents' mortgage debt to release them from the obligation. The DGT ruled that the gratuitous assumption of debt for the purpose of releasing the debtor is a free legal transaction subject to Inheritance and Gift Tax.
Cuestión planteada Se solicita ampliación a la consulta V1039-22, respecto a la determinación de la base imponible en caso de donación por condonación de deuda hipotecaria.
La asunción de la deuda de otro sin contraprestación se considera un negocio jurídico gratuito e 'inter vivos' según la LISD y su Reglamento. En este caso, la base imponible será la responsabilidad hipotecaria de la que el deudor quede liberado, incluyendo el capital pendiente, intereses y otros gastos de la garantía hipotecaria.
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