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A taxpayer transferred their primary residence as a dation in payment to settle a debt incurred by a company for which they acted as a guarantor. The Tax Agency has ruled that exemptions for Income Tax (IRPF) and Property Transfer Tax (IIVTNU) apply even if the property is transferred to a third party designated by the creditor.
La exención en IRPF e IIVTNU por dación en pago de la vivienda habitual del deudor o garante es aplicable aunque la transmisión se realice a favor de un tercero distinto del acreedor, siempre que este último imponga dicha condición y la acepte como extintiva de la obligación. La dación puede suponer la cancelación total o parcial de la deuda. Respecto a la posible pérdida patrimonial del garante, esta no es automática, sino que constituye un derecho de crédito que solo genera pérdida cuando sea judicialmente incobrable.
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