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V3565-20 16 December 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
ITPAJD · transmisiones patrimoniales

Interest-free family loans are exempt from ITPAJD but require a tax return

A query was made regarding the taxation of an interest-free personal loan granted by a former mother-in-law. The DGT ruled that while the loan is exempt from ITPAJD, a tax return must still be filed, and it does not generate income for the lender under IRPF provided its gratuitous nature is proven.

The question raised

Taxation of the transaction.

The DGT's ruling

In ITPAJD, loans made by non-entrepreneurs are subject to but exempt from tax according to the TRLITPAJD, while maintaining the obligation to file a tax return. In IRPF, the presumption of onerousness does not apply if the gratuitous nature of the loan is proven through admissible means of evidence, accrediting its connection, purpose, and repayment.

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