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V2219-25 19 November 2025 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · hecho imponible

Simple renunciation of life insurance not a donation

The DGT states that a pure and simple renunciation of a life insurance benefit, without any consideration, does not constitute a donation and therefore no taxable event arises for the renouncing party.

The question raised

Whether the renunciation of the benefit by the applicant's mother constitutes a donation for the purposes of Inheritance and Gift Tax.

The DGT's ruling

The pure, simple, and gratuitous renunciation of a life insurance benefit, without prior formal acceptance, does not trigger the taxable event for the primary beneficiary as the benefit has not been received. In this case, the status of taxable person is transferred to the beneficiaries designated in second place. If the renunciation is made in favor of a specific person, it is considered a formal acceptance and the renunciant becomes the taxable person.

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