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V1573-20 26 May 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The donation of a portion of the primary residence to a spouse generates a capital gain subject to Personal Income Tax

A taxpayer inquires whether the donation of an undivided share of their primary residence to their spouse can be considered a reinvestment. The DGT responds that the donation generates a change in assets that must be taxed under Personal Income Tax.

The question raised

Tax effects in Personal Income Tax of the present donation. Consideration or not of reinvestment.

The DGT's ruling

The donation of a portion of the residence to the spouse constitutes an alteration in the composition of the assets that generates a capital gain or loss. It is not possible to apply the reinvestment assumption. The resulting gain shall be subject to Personal Income Tax, whereas the capital loss shall not be computable due to its lucrative nature. The acquisition and transfer value shall be determined according to the rules for transfers by way of gratuitous title.

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