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An individual is set to receive an interest-free loan from their brother, a resident of the USA, via a private contract. The DGT indicates that although the loan is exempt from tax payment, there remains an obligation to file the tax return.
Cuestión planteada Tributación de la operación.
La constitución de un préstamo por una persona que no es empresario o profesional está sujeta al ITPAJD, pero se encuentra exenta según el TRLITPAJD. No obstante, la exención no elimina la obligación de presentar la declaración del impuesto. El rendimiento se atribuye a la Comunidad Autónoma donde el prestatario tenga su residencia habitual.
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