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V2066-24 25 September 2024 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · asunción liberatoria de deuda

Spousal payment of third-party debt may be subject to IRPF or exempt from ITPS and AJD

A taxpayer has enquired about the tax implications of repaying a mortgage on a personal property using their spouse's funds. The DGT clarifies that the tax treatment depends on whether the transaction is classified as a gift or a loan.

The question raised

Taxation of the operation.

The DGT's ruling

If the wife pays the husband's debt without consideration, it is classified as a donation by assumption of debt with discharge and is subject to Inheritance and Gift Tax. If the operation is a loan, it is subject to Transfer Tax and Stamp Duty, but is exempt under current regulations. The final classification of the nature of the act is the responsibility of the managing tax administration.

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