Doctrine by topic · DGT Observatory

Trustee: DGT doctrinal evolution

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

← DGT Observatory

How the DGT's position has evolved

Settled doctrine High confidence 9 rulings · 2014–2022

Current position

Due to the lack of legal recognition of the trust in Spain, the principle of tax transparency is applied. The transfers of assets or income ordered by the trustee are considered to be carried out directly between the settlor and the beneficiary. These operations are subject to Inheritance and Gift Tax (ISD), whether through inter vivos gifts or mortis causa transfers. The initial contribution of assets to the trust has no tax effects as it is not considered a transfer.

The DGT's position has remained constant since 2018, systematically applying tax transparency due to the non-existence of the trust figure in the Spanish legal system. No changes are observed in the treatment of transfers, which are always qualified as direct between the settlor and the beneficiary. The doctrine has reaffirmed the subjection of these operations to Inheritance and Gift Tax (ISD) in all rulings.

Analysis based on 8 of 9 rulings with a stated position. Updated 28 September 2026.

Rulings on this topic

9
V3394-19 11 Dec 2019

Tax treatment of transfers of assets and income from a trust in Spain

SG de Impuestos Patrimoniales, Tasas y Precios Públicos
trustsettlortrusteetransparencia fiscaltitular real LISD — Ley 29/1987 de Sucesiones y Donaciones art. 3.1.aLISD — Ley 29/1987 de Sucesiones y Donaciones art. 3.1.b
Affects CompanyExpat · Non-residentIndividual

Apply this to your case

Inheritance & gift taxTalk to the team applying this doctrine daily.
Inheritance Tax CalculatorEstimate the impact on your case in two minutes.
Talk to the tax teamWe check whether this criterion affects you and what it means in your situation.
Email
Contact