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V2091-23 18 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains from donating real estate to entities under Law 49/2002 are exempt from Personal Income Tax

The tax treatment is consulted for a donor who transfers real estate to a non-profit entity. The DGT indicates that the resulting capital gain is exempt if the entity meets the requirements of Law 49/2002.

The question raised

Question posed: Tax treatment in Personal Income Tax regarding the aforementioned donation for the donor.

The DGT's ruling

The donation of assets other than money generates a capital gain or loss. If the donee entity falls within the scenarios of Law 49/2002, the capital gain from the donation of the real estate is exempt pursuant to Article 33.4 of the LIRPF. Furthermore, the donor may apply the tax deduction for patronage under Law 49/2002, limited to 10% of their taxable base.

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