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V1218-18 10 May 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · presunción de onerosidad

Interest-free loans do not generate income for personal income tax if their gratuitous nature is proven

A query was raised regarding the taxation of an interest-free loan granted to a family member and its partial repayment. The DGT indicates that if the gratuitous nature of the loan is proven, there are no returns to declare for personal income tax purposes.

The question raised

Taxation of said loan in the Personal Income Tax.

The DGT's ruling

There is a presumption that the transfers of capital are remunerated, quantified by the legal interest rate. However, this estimation of returns does not apply if the gratuitous nature of the loan is proven through means of evidence admitted in Law. Likewise, the connection of the loan, its purpose, and the justification for its repayment must be substantiated.

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