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A taxpayer inquired whether money received via an interest-free loan from an individual to settle a mortgage must be declared in their Personal Income Tax (IRPF) return. The Directorate General for Taxes (DGT) ruled that receiving a loan does not constitute the acquisition of income.
Cuestión planteada Si debe consignar cantidad alguna en su declaración del IRPF.
Los préstamos entre particulares tienen el mismo tratamiento que los de entidades de crédito en el IRPF. El hecho de que el préstamo sea gratuito no altera su carácter de financiación ajena ni supone la obtención de renta, por lo que no se produce el hecho imponible del impuesto. La formalización del contrato se rige por el Derecho Civil.
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