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V3240-15 22 October 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · donación

The donation of money does not generate a capital gain or loss for the donor for Personal Income Tax purposes

A taxpayer inquires about the tax consequences for Personal Income Tax regarding a donation of money to their children. The DGT responds that there is no impact on the Personal Income Tax of either the donor or the donee.

The question raised

Tax consequences of the aforementioned donations, exclusively for the purposes of Personal Income Tax.

The DGT's ruling

The donation of money shall not be computed as a capital gain or loss for the donor, as it constitutes a gratuitous inter vivos transfer. For the donees, the acquisition of money by way of donation is not subject to Personal Income Tax, as it is taxed under the Inheritance and Gift Tax.

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