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A husband is listed as a co-borrower in a mortgage loan for the purchase of a flat that will be the exclusive property of his wife. The DGT examines whether the payments made by the husband constitute a gift or if they can be classified as a private loan.
Cuestión planteada Tributación de la operación.
Si el marido contribuye a los pagos del préstamo bancario para la vivienda de su mujer, se considera una donación de parte de cada pago. No obstante, si la mujer se compromete a devolver ese dinero al marido, la operación se califica como un segundo préstamo del marido a la mujer. En este último caso, la devolución del dinero no genera un nuevo hecho imponible, siempre que se pruebe la existencia de dicho préstamo.
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