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V2089-23 17 July 2023 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · animus donandi

Donation of money between spouses is taxed under ISD, whereas a loan is exempt from ITPAJD

A married couple under a regime of separation of assets inquires whether the contribution of money by one of them to purchase a property should be treated as a donation or a loan. The DGT clarifies that if no right of credit exists, it is a donation subject to ISD, and if it is a loan, it is exempt from ITPAJD but requires the submission of Form 600.

The question raised

Question posed: Taxation of the donation or, where applicable, the personal loan.

The DGT's ruling

If the husband contributes money without generating a right of credit in his favor, animus donandi exists and the wife must pay tax under the Inheritance and Gift Tax. If the transaction is a personal loan, it is subject to ITPAJD but is exempt according to the TRLITPAJD. In the case of a loan, the obligation to file the tax return via Form 600 persists as a taxable and exempt transaction.

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