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V3303-15 27 October 2015 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · hecho imponible

Donation of funds located in Spain to a non-resident child is subject to Inheritance and Gift Tax

Spanish-resident parents enquired about the taxation of a €1,300,000 donation to their son, who resides in the United Kingdom. The DGT ruled that because the funds are located in Spain, the transaction is subject to tax under the real obligation principle.

The question raised

Question posed: Taxation of the donation and competent Administration

The DGT's ruling

The donation of money to a non-resident donee is subject to ISD if the money is located in Spain at the time of the donation. The competent Administration is that of the State (National Tax Management Office for non-resident Inheritances). The EU resident donee shall have the right to apply the regulations of the Autonomous Community where the money has been located for the majority of the last five years.

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