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A query was raised regarding the tax implications for a father transferring an agricultural holding and a property to his daughters. The DGT ruled that such transfers are considered capital income presumed to be remunerated, unless proof of gratuity is provided.
Cuestión planteada Incidencia en la declaración del padre de la consultante de las mencionadas cesiones.
La cesión de elementos patrimoniales genera rendimientos de capital que se presumen retribuidos, salvo prueba en contrario de su gratuidad. Si no se prueba la gratuidad, se valorarán por el valor normal de mercado. En el caso de la vivienda, aunque se pruebe la gratuidad, el padre deberá declarar una renta mediante la imputación de rentas inmobiliarias.
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