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Gratuitous Loan: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Settled doctrine High confidence 8 rulings · 2014–2024

Current position

Loans between non-professional individuals are exempt from ITPAJD (Transfer Tax and Stamp Duty) according to article 45.I.B)15 of the TRLITPAJD, although the obligation to file a tax return remains. Regarding IRPF (Personal Income Tax), if the gratuitous nature is proven through evidence admitted under Law (connection, destination, and justification of repayment), no returns on movable capital are generated, nor are there withholding obligations.

The DGT's position remains constant in requiring proof of gratuitousness to rebut the presumption of onerousness based on the legal interest rate. The doctrine has progressively specified the nature of other concepts, such as late payment interest, and has clarified the application of exemptions in transfer tax.

Turning points

  1. V1998-22

    Specifies that late payment interest is compensatory in nature and is integrated as capital gains in the savings base, rather than as returns on movable capital.

  2. V0357-24

    Clarifies that, despite the ITPAJD exemption for loans between individuals, the obligation to file the tax return persists.

Analysis based on 8 of 8 rulings with a stated position. Updated 1 October 2026.

Rulings on this topic

8
V0357-24 12 Mar 2024

Loans between individuals are exempt from ITPAJD but require a tax return filing

SG de Impuestos sobre la Renta de las Personas Físicas
transmisiones patrimonialesactos jurídicos documentadosexenciónhecho imponiblepréstamo gratuito TRITPAJD — RDLeg 1/1993 de ITP y AJD art. 7.1.BTRITPAJD — RDLeg 1/1993 de ITP y AJD art. 7.5
Affects CompanyExpat · Non-residentIndividual

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