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A query was made regarding which regulations apply to the donation of non-real estate assets for the purpose of determining tax residence. The DGT ruled that the regulations of the Autonomous Community where the donee has their habitual residence shall apply.
Cuestión planteada Determinación del domicilio fiscal a efectos de percepción de una donación.
En la adquisición inter vivos de bienes y derechos no inmobiliarios, el punto de conexión se produce en el territorio de la Comunidad Autónoma donde el donatario tenga su residencia habitual a la fecha del devengo. Para determinar la normativa aplicable, se debe considerar el territorio donde el causante haya permanecido el mayor número de días en los cinco años anteriores al devengo.
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