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V1442-22 20 June 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital losses from inter-vivos donations cannot be offset against capital gains

A taxpayer inquired whether they could offset capital gains against losses generated by donating their assets to their daughters. The DGT ruled that losses arising from gratuitous inter-vivos transfers are not deductible.

The question raised

The taxpayer requests to know whether they may offset capital gains against losses arising from the donation of assets to their daughters for the purposes of Personal Income Tax.

The DGT's ruling

Capital gains and losses derived from a donation are considered savings income. However, pursuant to Article 33.5 of the Personal Income Tax Law, capital losses resulting from gratuitous transfers inter vivos or liberalities shall not be taken into account. Therefore, the taxpayer must include the gains in the savings tax base without being able to offset them against the losses from that same donation.

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