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A taxpayer inquired whether excluding her sister from a mortgage loan (where the sister was a co-borrower but not a property owner) constitutes a gift. The DGT stated that assuming a third party's debt without consideration is a taxable event for Inheritance and Gift Tax, unless it is proven to be the repayment of a previous loan.
Cuestión planteada Si, teniendo en cuenta que el piso adquirido es propiedad exclusiva de la consultante y su pareja, que el préstamo hipotecario obtenido se destinó exclusivamente para la adquisición de dicho piso y que la devolución del referido préstamo hipotecario se está realizando íntegramente con dinero de la pareja, la novación del préstamo consistente en la exclusión de la hermana de la consultante como coprestataria supondría una donación.
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