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V3613-20 21 December 2020 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · hecho imponible

The donation of money by parents for the purchase of a dwelling is subject to Inheritance and Gift Tax

A taxpayer inquires about the taxation of a donation of money from their parents for the purchase of a dwelling. The DGT indicates that the transaction constitutes a taxable event for Inheritance and Gift Tax.

The question raised

Question posed: Taxation of the transaction.

The DGT's ruling

The acquisition of assets or rights free of charge and inter vivos constitutes a taxable event for Inheritance and Gift Tax. The donee is the taxpayer liable for payment. The tax base is the net value of the acquired assets and rights, and the tax liability is calculated by applying the progressive rate and the coefficient according to the kinship group. The application of reductions or allowances will depend on the regulations of the Autonomous Community of residence.

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