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V1819-17 11 July 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The donation of a dwelling generates a capital gain or loss for the donor

A query is made regarding the taxation under Personal Income Tax (IRPF) for the donation of a dwelling to a child. The DGT responds that the transaction generates a capital gain or loss based on the difference between the acquisition and transfer values.

The question raised

Taxation for the purposes of Personal Income Tax.

The DGT's ruling

The donation produces a change in net worth that generates a capital gain or loss pursuant to Article 33.1 of the LIRPF. The result is determined by the difference between the acquisition and transfer values (Articles 34, 35, and 36 of the LIRPF). In gratuitous transfers, the values shall be determined according to the rules of the Inheritance and Gift Tax, without exceeding the market value. The result shall be included in the savings tax base.

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