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An inquirer asks whether an interest-free loan from parents-in-law to purchase a home is subject to tax and who is responsible for filing. The DGT responds that while the transaction is exempt from payment, the borrowers are still obliged to file the tax return.
Cuestión planteada Son dos las cuestiones planteadas:
La constitución de un préstamo por un particular es una operación sujeta a la modalidad de transmisiones patrimoniales onerosas, pero está exenta de tributación según el artículo 45.I.B).15 del TRLITPAJD. No obstante, la exención no elimina la obligación de presentar la declaración del impuesto, siendo el prestatario el sujeto pasivo obligado a realizar dicho trámite.
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