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V1861-25 14 October 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · donación de dinero

Donation of money does not create capital gain or loss for donor in IRPF

The DGT confirms that donors do not need to declare capital gain or loss, and recipients are not subject to IRPF tax on received funds.

The question raised

Tax implications in Personal Income Tax regarding the donation of money from parents to children.

The DGT's ruling

The donation of money shall not constitute a capital gain or loss for the donor, as losses from gratuitous inter vivos transfers are not taken into account pursuant to Article 33.5 of the Personal Income Tax Law. For the donee, the acquisition of money by way of donation is not subject to Personal Income Tax as it is subject to Inheritance and Gift Tax.

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