Skip to content
Back to index
V1713-24 11 July 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Donating cash does not create capital gains or losses, but donating assets may

A taxpayer has enquired about the tax implications for their Personal Income Tax (IRPF) when donating cash and a plot of land to their children. The Directorate General for Taxes (DGT) has ruled that the donation of cash does not result in capital gains or losses, whereas the donation of assets can indeed generate such results.

The question raised

Question posed: Tax implications in the donor's Personal Income Tax (IRPF).

The DGT's ruling

The donation of money does not constitute a capital gain or loss for the donor. In the donation of assets, the gain or loss is determined by the difference between the transfer value (in accordance with the Inheritance and Gift Tax regulations, not exceeding the market value) and the acquisition value. If the transaction generates a capital loss, it shall not be computable as it constitutes a lucrative transfer.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

Email
Contact