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V3129-20 20 October 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos de capital

Transfer of assets to children generates presumed paid capital income

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.

The question raised

Impact on the tax return of the applicant's father regarding the aforementioned transfers.

The DGT's ruling

The transfer of assets generates capital income that is presumed to be remunerated, unless evidence to the contrary of its gratuitous nature is provided. If gratuitousness is not proven, they shall be valued at normal market value. In the case of housing, even if gratuitousness is proven, the father must declare income through the imputation of real estate income.

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