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V1613-23 7 June 2023 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · donación

Money transfers from a usufructuary to a bare owner constitute a gift subject to tax

An heir holding the bare ownership of a forest plot asks whether transferring funds obtained from the sale of timber (belonging to the usufructuary) to their bank account has tax implications. The DGT rules that such an operation is a gift and must be taxed in the Autonomous Community where the donee resides.

The question raised

Taxation of the operation and the competent administration for the settlement of the tax.

The DGT's ruling

The transfer of money from the usufructuary to the bare owner, being a gratuitous transfer of fruits belonging to the usufructuary, is considered a donation with animus donandi. As it concerns movable property, the donation is taxed in the Autonomous Community where the donee has their habitual residence on the accrual date. In this case, jurisdiction lies with the community where the applicant resides.

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