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V3193-15 21 October 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The donation of a dwelling generates a capital gain or loss in the donor's Personal Income Tax (IRPF)

A query is made as to whether the donation of a dwelling to a daughter is subject to Personal Income Tax (IRPF) and whether double taxation exists. The DGT responds that the donor must pay tax on the resulting capital gain or loss and that there is no double taxation because the donee is subject to Inheritance and Gift Tax.

The question raised

Subjectivity of the donation to Personal Income Tax and, in such case, the taxation thereof and whether double taxation would exist.

The DGT's ruling

The donation of a dwelling generates a capital gain or loss for the donor subject to Personal Income Tax (IRPF). The amount is determined by the difference between the acquisition and transfer values, applying the rules for gratuitous transfers. Capital losses from gratuitous transfers are not deductible. There is no double taxation as the donee is subject to Inheritance and Gift Tax, even if exempt under regional regulations.

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