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V1255-25 9 July 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · donación

Gift of money does not create capital gain or loss for donor in IRPF

A taxpayer asks about IRPF taxation after donating 20,000 euros to their daughter. The DGT clarifies that such a donation has no effect on the donor's IRPF liability, and under the Inheritance and Gifts Tax, the recipient is the liable party.

The question raised

Taxation of the transaction for the donor.

The DGT's ruling

The donation of any asset generates a change in net worth, but in the case of a donation of money, no capital gain or loss shall be recognized for the donor. This is due to the fact that capital losses from gratuitous inter vivos transfers or liberalities are not recognized pursuant to Article 33.5 of the Personal Income Tax Law (LIRPF). In Inheritance and Gift Tax, the taxpayer is the donee, therefore the transaction has no impact on the donor.

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