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A taxpayer inquired about the taxation of the sale of a property that is not their primary residence and the subsequent donation of part of the proceeds to her daughter. The Directorate-General for Taxes (DGT) ruled that the sale generates a capital gain or loss within the savings tax base, but the donation of cash does not constitute a capital gain or loss.
Cuestión planteada Tributación en el IRPF.
La enajenación de una vivienda no habitual genera una ganancia o pérdida patrimonial por la diferencia entre los valores de adquisición y transmisión. Dicha ganancia o pérdida se integrará en la base imponible del ahorro. Respecto a la donación de dinero, no se computará ganancia ni pérdida patrimonial por tratarse de una transmisión lucrativa por actos inter-vivos o liberalidades.
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