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V1525-18 5 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Capital losses from donations cannot be offset against other gains

A taxpayer inquired whether the loss incurred from donating a property to their spouse could be offset against the gain from the sale of another property. The Directorate General for Taxes (DGT) ruled that losses arising from gratuitous transfers or gifts are not classified as capital losses.

The question raised

Whether the loss incurred through a donation may be offset against the capital gain obtained from the sale of another dwelling.

The DGT's ruling

Pursuant to Article 33.5.c) of Law 35/2006, capital losses resulting from gratuitous transfers inter vivos or liberalities shall not be computed. Therefore, losses arising from the donation of assets may not be computed in the tax assessment nor offset against capital gains.

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