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V2487-17 4 October 2017 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · transmisiones patrimoniales

Loans between individuals are exempt from ITPAJD but require a tax return

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.

The question raised

There are two questions raised:

The DGT's ruling

The establishment of a loan by an individual is an operation subject to the modality of onerous transfers of assets, but it is exempt from taxation pursuant to Article 45.I.B).15 of the TRLITPAJD. Notwithstanding, the exemption does not eliminate the obligation to file the tax return, with the borrower being the taxable person obliged to carry out said procedure.

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