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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.
Cuestión planteada Tributación de la operación.
En ITPAJD, los préstamos realizados por no empresarios están sujetos pero exentos según el TRLITPAJD, manteniendo la obligación de presentar la declaración. En IRPF, la presunción de onerosidad no aplica si se prueba la gratuidad del préstamo mediante medios de prueba admitidos, acreditando su conexión, destino y devolución.
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