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A taxpayer inquired whether they could offset the loss incurred when donating the bare ownership of their primary residence. The DGT ruled that losses arising from gratuitous transfers cannot be included in tax settlements.
Cuestión planteada Si puede compensar la pérdida resultante de la donación de la nuda propiedad de su vivienda con otras ganancias patrimoniales.
Las pérdidas patrimoniales debidas a transmisiones lucrativas por actos ínter vivos o a liberalidades no se computarán. Por tanto, las pérdidas derivadas de la donación de elementos patrimoniales no pueden compensarse con las ganancias patrimoniales obtenidas por el contribuyente.
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