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V2366-24 14 November 2024 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · transmisiones patrimoniales

Transfer of property ownership between siblings taxed via ITP or ISD depending on consideration

An inquirer asks how the transfer of property ownership from their sister to themselves is taxed. The DGT rules that the type of tax depends on whether the transfer is made for consideration or as a gift.

The question raised

Taxation and quantification of the transaction.

The DGT's ruling

If there is consideration in the transfer of a dwelling between siblings, the transaction shall be subject to Transfer Tax and Documented Legal Acts Tax. If there is no consideration, the transaction shall be of a lucrative nature and shall be considered a donation subject to Inheritance and Gift Tax. In both cases, the person liable for payment shall be the applicant.

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