Skip to content
Back to index
V2065-24 25 September 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · permuta de bienes

Donations and land swaps following subdivision trigger capital gains or losses

A query was raised regarding the registration of donations and the tax implications following the subdivision and donation of plots between a mother and daughter. The DGT indicates that the exchange of assets following subdivision constitutes a barter, which generates capital gains or losses.

The question raised

What is the manner in which both the donation made and the donation received must be recorded.

The DGT's ruling

The exchange of assets between the mother and the daughter following the segregation of the plots constitutes an asset alteration by way of barter. The capital gain or loss is determined by the difference between the acquisition value of the asset transferred and the higher of the market value of the asset delivered and the market value of the asset received. The result is included in the savings tax base. The subsequent grouping of square meters with another plot does not generate income.

Book your free first meeting