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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

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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