When someone considers making a donation, they must be very clear about how much it costs fiscally, since there can be three types of taxes that are levied on it:
a) the donation tax, which is collected by the Autonomous Community;
b) the tax on the increase in value of urban land (municipal capital gains), which is collected by the council;
and c) the capital gain of the donor, which may have an impact on their declaration of personal income tax, and which is collected by the State, through the AEAT.
We will refer to each tax separately.
a) The Inheritance and Donations Tax. (Affects donations of all kinds of goods).
The payment of the donation tax corresponds to the donee, that is, the person who receives the goods.
This is a tax assigned to the Autonomous Communities, each of which will be competent, in the case of donations of real estate, when they reside in the territory of that Autonomous Community and in the case of the tax on donations of other goods and rights, when the donee has his habitual residence in the autonomous community on the date of accrual.
Regardless of the legislation of each Autonomous Community, since it is a ceded tax, the calculation of the tax will be determined by the following factors: the tax base; the reductions applicable to the tax base, the rate and the multiplier coefficient and finally, if they exist, for the installment bonuses.
I.- TAXABLE BASE
The tax base is constituted by the real value of the assets and rights acquired. In previous posts we have referred to the concept of real value and to convenient value, to whose content we refer.
II.- LIQUIDABLE BASE
The tax base may have a number of reductions, which are determined, in terms of their requirements and amount, by the tax law of each autonomous community, and that allows us to obtain the liquidable base.
In the Autonomous Community of Catalonia, and in the field of individuals, the most frequent reduction is that applied to donations to descendants of a home that must be their first habitual residence or money destined to the acquisition of said first habitual residence, since a reduction may be applied. 95% reduction of the value of the home or the amount given, with a maximum reduction of 60,000 euros, a limit that is set at 120,000 euros for recipients who have a degree of disability equal to or greater than 65 %.
Explaining with an example, we would have that if parents donate a house of 120,000 euros to their child, instead of paying taxes on a value of 120,000, it would be done on a value of 60,000 euros. 95% from 120,000>60,000. Therefore, the limit of 60,000 applies.
In the Madrid's community there are no reductions in the tax base, but there is an important bonus in the quota, as we will see later.
III.- TAX RATE AND MULTIPLIER COEFFICIENT
Finally, once the reductions that may take place have been applied to the tax base, the full amount of the tax would be determined by the application to the resulting amount (taxable base). of a tax rate and, where appropriate, a multiplier coefficient.
In the Autonomous Community of Catalonia:
In the case of donations between spouses, accredited domestic partners, ascendants and descendants, the tax rate is as follows:
Base payable up to 200,000 euros: 5%.
Excess up to 600,000 euros: 7%,
And the excess over 600,000: 9%.
In the example we have been working on, the tax would be 5% of 60,000 euros, that is, 3,000 euros.
In the case of donations made between people who are not spouses, ascendants and descendants, the tax rate starts at 7% and can reach 32% of the taxable base.
Finally, a multiplier coefficient can be applied to the resulting quota, which depends on the relationship between donor and donee and the pre-existing patrimony of the latter.
In the case of donations between spouses, ascendants and descendants, the multiplier coefficient is 1, so that it has no significance on the tax rate, but in the case of not being related it is 2, that is, double the amount would be paid. share.
To give an example, a donation to a neighbor of a flat of 150,000 euros, the fee would be 14,500 euros, and a multiplier coefficient of 2 would have to be applied to this amount, so that the actual amount to be paid would be double, that is say 29,000 euros.
In the Autonomous Community of Madrid
In any case, the tax rate starts at 7,65% and can reach 34% of the taxable base.
And a multiplier coefficient can be applied to the resulting quota, which depends on the relationship between donor and donee and the pre-existing patrimony of the latter.
IV.- THE BONUS IN THE QUOTA.
The full amount resulting from what is explained in the previous sections, according to the applicable tax regulations, may be subject to discounts, as is the case in the Community of Madrid, where article 25 of Legislative Decree 1/2010, of October 21, of the Council of Government, which approves the consolidated text of the legal provisions of the Community of Madrid regarding taxes ceded by the state, recognizes a bonus of 99%, in certain cases.
Thus, in inter vivos acquisitions (donations), taxpayers included in groups I and II of kinship of those provided for in article 20.2.a) of Law 29/1987, of December 18, on Inheritance Tax and donations, (that is, between spouses and accredited common-law partners, descendants and ascendants, of any age, with no limit to the amount or class of goods that are the object of the donation) a 99 percent discount will be applied to the tax rate derived from them, provided that the following requirements are met:
a.- The donation must be made in a public document, that is, before a Notary.
b.- And when the object is money, the origin of the donated funds is duly justified, which must be manifested in the writing itself.
In this way, donations in the community of Madrid have almost non-existent taxation, as you can see in this another blog post
b) The "Municipal Capital Gain". (Only affects donations of urban real estate)
In addition to the previous tax, exclusively if the donation falls on an urban asset, can affect the municipal capital gains, being a taxpayer the donee.
This municipal tax, which in the past represented a limited burden, can currently represent, depending on the Municipality, a not inconsiderable amount. It is a tax, which is calculated by the cadastral value of the land, and is proportional to the years that the transferor (donor) has had the farm in his estate, and which is being highly questioned in the Courts.
We must remember that the Constitutional Court declared the payment of this tax unconstitutional when the transfer of a property with losses can be proven, and even if there are profits, the annulment of the liquidations of this tax could be requested (following the ideas raised by STC nº 59/2017 , of May 11, 2017), since there is no law that regulates either increases or decreases for these concepts.
c) Personal income tax. (Does not affect money donations)
And finally, there may be another tax that is levied on the donation and that affects who makes it, since the donor may be affected in his personal income tax return if the donation results in a capital gain..
The calculation of the capital gain is the result of subtracting the corrected acquisition value from the transmission value (price or acquisition value plus inherent expenses, corrected by an update coefficient).
The determination of which is the concrete consequence of the donation in the donor's income tax is really complex and difficult to determine in a generic way, since the possible gain could be offset by losses, in the same way that there may be exempt gains. , such as that which would occur in the event of the transfer of the habitual residence by persons over 65 years of age.
With all that said, we only want to express the convenience of correct tax advice, before making any type of donation, especially in personal income tax, an aspect that is often forgotten even by regular legal operators.
d) The cost of writing.
As a mere approximation of the cost of a deed of donation, you can consult this entrance, that although it is designed for money donations, it can be useful for other types of donations. The difference in price will be in the variations due to the length of the document and associated expenses, to prove the situation of the farms.
Hello, I have been living in my parents' house for 6 years, my father passed away before I lived in the house and now the one who prays here is my mother and in the part that my father had, my sister and I pray a percentage, now I want to sell the house and I would like to know if when my mother sells it she could buy another one only in my name so as not to make a name change or donations.
I will answer you in the mail
Good morning… Many years ago I donated my apartment to my two daughters, I would eat fruit, at the age of 6 the third was born and it is not in the deed, I would like to know how much it would cost me and how I have to do it… since I want to that my daughter does not have problems tomorrow….thank you….Africa
Well, if you donated, you can't donate again.
Hello, we are married, 79 and 71 years old, we have two children and 3 grandchildren but one of the granddaughters needs to be helped more than the others, we live in Madrid and we want to leave the apartment to this granddaughter, this does not prevent my children, we have other goods, but we would like to leave it fixed to the girl, she is a minor, how would it be better and cheaper? Well, being a minor, I won't be able to sell it,
But can I make a donation without having any? How much would everything cost us, the apartment is around 150,000/ euros,,,, Thank you very much
My husband and I have divorced the family position is a community property I could donate my part to my daughter he is trying to throw me out of the apartment I don't know if in this way it would benefit me to stay in it thank you very much
With the data you give us, it is impossible to answer.
good morning. my father-in-law wants to donate a local to his son, my husband. in sea prize, it has about 80 m2 according to the deed. What can the said donation cost us and what taxes do we have to pay?
A common-law couple has half bought a house in Madrid on which a mortgage weighs that they also share the 50%. Now one of them wants to sell the other a percentage of his property. What expenses would it entail?
It will depend on the value of the farm, and if I am not more specific, it is because there are taxes that depend on the CC AA, and not all of them follow the same criteria. For this reason, it is preferable that you ask at a notary in Madrid. A sale will pay ITP, which in Madrid is 6%. In addition, there may be repercussions on income and capital gains, but without specific data it is impossible to calculate it.
I am the owner of an undivided half of several rustic farms and one urban. My brother has the other half, and my grandmother is a usufructuary. The properties are located in Catalonia.
My brother is not interested in these properties, so we are evaluating which is the best option.
My part of the urban property is valued at 25,000e (applying the coefficient results in an amount of 47,500e), and the rustic properties are valued at 8,000e.
My question is whether it is more favorable to make a donation from my brother to me, or a dissolution of the condominium.
Thank you so much
Undoubtedly a condominium dissolution, but it must be taken into account that there must be a delivery of money. If there is not, there can only be a donation. In any case, it is best to consult about the specific case, as there may be variables that escape us in a brief comment in this way.
I have a freehold parking space and I would like to donate or sell it for a symbolic price to my 6 and 9 year old daughters, what is cheaper? Can it be done when you're younger?
In theory the choice should not be possible. If there is a price, it is a sale and if there is no price, it is a donation. In any case, if the farm is in Catalonia, the donation is cheaper, which is taxed at 5% while the sale is at 10%.
All the best
Good afternoon:
I own a flat and my son wants us to put it in the name of both of us.
What would be more convenient in paying taxes, Put it in his name
Sincerely
Augustine Pilar
Good morning, my question is the following, I have a house owned at 50 % with my brother along with some land, the house we have reached an agreement to keep it my brother, my question is fiscally that a donation or a sale of 50% that I would sell to you is more convenient for us or donate, so that a calculation is made of the cadastral value of the property is 60,000 euros, that is, half, I would be selling or donating 30,000 euros
Awaiting your prompt response, best regards
As I usually say, the option between buying and selling and donating does not exist. If there is consideration in money, there is a sale and if there is no donation. In addition, the fact that today the means of payment must be justified makes the practice, in my opinion inadvisable, of other times of saying that money had been received when in fact it had not been done, to say that there was a sale when in reality there was a donation. Sticking to the truth is the best advice you can get.
Going a little to the concrete, and without knowing the place where the property is located, since its taxation depends on it, which depends on the autonomous communities, in principle the sale is cheaper than the alternative to the donation between siblings. the purchase and sale in Catalonia is 10% and the donation on that value is approximately 11,20%. In your case, the best alternative is to propose the operation as a community dissolution, with which 1.5% of the total value of the property would be paid, as long as it is in Catalonia.
Thank you very much for contacting us and I hope I have answered you.
Good morning. I have a similar case. My mother is 96 years old, but she is fine. We have the problem that my daughter needs the house. And my brother says that he cannot take money because it would affect his pension. They would take the improvements from your pension.
What would be more beneficial to him? That my mother make me a donation and I give her part or that we wait for her death. Or make a donation to my two children. He says that I can give him that money. Buying a house and putting it in usufruct this could be done. And so not harm him when receiving his part.
In short, it is better to donate my mother's house to my children. And the part of my brother how could it be done. Thank you very much I await your reply.
My father has left my sister and me a house with a current market value of approx. 140,000 euros. This house with land has a reverse mortgage for the same value, approx. 140,000 euros.
If I don't misunderstand, we have a two-year grace period with the bank, but as the market currently stands, it is difficult to sell it for more than what is owed on the reverse mortgage.
If we accept the inheritance, what types of liens, taxes such as personal income tax will be passed on to us? MY father paid almost 5000 euros of capital gains to inherit my mother's house. She passed away in November and my father in May. We don't know what to do, whether to accept the inheritance or not, or the deadlines. We know that after the 6 months that expire on November 9, we may have to pay more taxes if we accept the inheritance. ???? all are doubts thanks for your help
I will answer you in private.
I live in Cardona-Barcelona- and I am the owner of two houses, one that is my habitual residence, acquired in the year 2000 and the other that I have rented, acquired in the year 2007.
The cadastral value of both, (they have the same value because they are both in the same property),
Is:
-Land value–€3,994.38 +construct. €31,016.96–Cadastral value €35,011.34–Year 2010
My query is: If I make a deed of donation in favor of two of my children-a house for each-How much should I pay as tax for that donation.
My mother, who lives in Vilanova i la Geltru (Barcelona), has a rustic farm of 15,000m2 with her brother, that is, 7,500m2 corresponds to her. IBI is not paid for this farm, so I do not know its cadastral value. My mother wants to make a donation of these 7500m2 to me, what should we do and how would the amount to be paid for this donation be calculated?
Thank you very much for contacting us in the first place.
In answer to your question, I will tell you that the Generalitat publishes some tables to calculate the value of rural properties, which consists of an amount per hectare, depending on the quality of the land (irrigated, irrigated land, scrubland, olive trees, vineyards...) and the place where it is located. that are found.
Does collation exist in Catalan Civil Law? If so, I don't quite understand why in donations, especially from descendants, there is no minimum exempt amount as in inheritances. I await your opinion. Thank you.
Indeed, in Catalonia there is a snack. You have it regulated in book IV of the Civil Code of Catalonia, articles 464-17 and ss. The tax issue is a different issue, why there is no reduction for kinship, is a matter of legislative policy. In some autonomous communities they have them, but in Catalonia, the most we get is a reduction in the 5% rate (up to 200,000 donation) and some tax benefits that derive from the condition of the assets, such as the donation of the habitual residence of the donee.
Thank you very much for contacting us
My parents donated the house to all the brothers. I have lived with my parents most of the time along with my son. Unfortunately, both have already passed away and my son wants the house to be for him. What would be the least expensive way for the deed to pass in my son's name? For each brother to donate his part to me or all of them directly to him? Thank you
Good morning, I have been divorced for four and a half years and I have paid my ex until February of this year, my money has run out and she wants to take everything I have from me, she kept the 50% of the house and the I would like to donate another 50% to my wife before she repossesses it, the house cannot be sold until my son turns 21, 5 years to go. Can I donate it to my wife to guarantee her a future and would the donation cost me a lot? The house is in Catalonia and with a cadastral value of 176,000 euros. Thank you so much
Be careful with these donations, because they may be involved in creditor fraud and even in a crime of raising assets. For the rest, with the data that gives us little we can tell you, the donation tax will be 5% of the donated (I don't know what the minimum value would be without knowing the location) and the other repercussions (municipal capital gains and personal income tax) we can only calculate them knowing cadastral value of the land, age and date of acquisition of your property.
For more information, you can make an appointment with us or perhaps with another Notary or lawyer.
Excuse me that I have not expressed myself completely well, I was referring to the fact that now I have to sell an apartment to pay my ex's pension, because with my salary I do not have enough to pay her pension, the child's pension and the mortgage of said house, then I will have to sell a company and I suppose that with this I will reach retirement, now I am 60, and at least my wife has half of the house left in case I am missing. Thank you so much
Hello! An aunt of my husband wants to give us 16,000 euros from a sale of a flat. To pay off ours. How should I do it? Through a loan or a donation? And how much would you have to pay to the treasury? Thank you
The option between a loan and a donation depends on whether or not you are going to return the amount that is given to you. If there will be no return, it will be a donation and otherwise a loan. The costs vary, since a donation pays donation tax, the amount of which I cannot tell you, since it would depend on your habitual residence and the regulation of your autonomous community, but approximately 12% if it were Catalonia. For its part, the loan is tax-free. In any case, my advice is that one or the other option be carried out in a public deed. A deed of that amount would cost about 160 euros, and will provide you with considerable guarantees.
Thank you very much for contacting us.
Hello, my father has two houses, since I got married I have lived in one of them, 21 years ago, which my father wants to do the deed for me, they have told us that we have to look at the personal income tax, the data I have is, house in the name of my father about 25 years ago, value at that time in €6,000, cadastral value €1,100 they told us at the town hall, value of the house now they have told me that it is around €70,000, my father is over 70 years old, They have told us that he would be exempt from personal income tax if it is his habitual residence, but he lives in the other one, we are interested in doing the deed either by donation or will. And what is making a succession agreement? We live in Murcia. I hope you can inform me, thank you.
First of all, I would like to thank you very much for contacting us. As you will have seen in the post, the fiscal cost of a donation derives from the application of three taxes:
a.- The donation tax, which would be 5% of the minimum fiscal value. In the case of Cardona, it results from multiplying 1.10 by the cadastral value and in the case of Barcelona, multiplying 2.10 by the cadastral value. If the home is going to be your children's habitual home, they could have a bonus 95%.
b.- The income tax, which should be paid by the donor for which I do not have data for its calculation. But in any case, it is very possible that it will be preferable to do it from January, due to the tax reforms that are coming.
c.- And the municipal surplus value, which could be consulted in each town hall.
My advice is that if there is not a very clear reason, do not make a donation, preferable to leave a will and/or succession agreements, which will be cheaper in the long run.
All the best
Succession agreements are typical of some rights in Spain such as Catalan or Aragonese. Better ask at a Murcia Notary
Hello! Again. First thanks for the previous answer.
Tell him that the autonomous community in which he would make the donation of 16,000 euros would be Galicia.
Another question, in how many years would the repayment have to be made, if a loan were made? Thanks in advance.
You can put the term you want. Better ask a local notary. all the best
Hello,
The one who was my mother's boyfriend who is now deceased, has an empty house in Bilbao inherited from his deceased father with his mother who has Alzheimer's and is judicially declared incapacitated and he is her guardian. The house doesn't interest him because he doesn't want to deal with rents and other things that I'm handling. We are thinking about the donation or the sale for the minimum value. We are not blood relatives. In our case, what could be better?
Thank you so much
Good morning,
My grandmother bequeathed to my uncles 2/3 and to my brother and me the remaining 1/3 a "solar" in Pedrosa del Rey (Valladolid). We are thinking of donating it to a neighbor there who is interested. After reading the article, I don't know if the donation or the sale (for a symbolic price) is better. Could you advise us? What expenses would be on our part?
Thank you so much.
Good morning,
I wanted to donate money to my father-in-law to pay off a mortgage of about €40,000.
If I donate it directly, the tax is very high.
The alternative would be for my wife to donate it to him. We are jointly married, but neither the community funds nor yours are sufficient for the donation.
Could I donate private money to my wife and later she donate it to her father? Would it be considered a covert donation from me to my father-in-law?
Thanks in advance!
The tax consequence of a donation depends on the habitual residence of the recipient, since there are differences in the applicable legislation between autonomous communities. For that reason I can't tell you much more. All the best
My wife and I have fiscal residence in Madrid. My father-in-law in the Canary Islands.
Thank you so much.
Excuse me, but I think that these questions should be dealt with by a professional.
It is possible that I receive a donation from a person with whom I have no family relationship.
The amount is about 100,000 euros.
In Barcelona. What tax would be applicable? Apart from the donation tax, will it also tax me in the income statement? Thank you for your time.
THE DONATION TAX 18,000 EUROS. THERE IS NO IRPF in case of donating money
I want to make a donation of €25,000 to my son (as a wedding gift) my residence is Catalonia and my question is, if after paying the 5% tax and the notary fee, my son will also have to pay for the IRPF, when you file your income tax return. Thank you.
If the donation is of money, the only expense is the donation tax and the deed. But the deed is necessary for the reduced rate of 5% to be applied, otherwise the rate is different.
I am Italian and I have my residence in Barcelona. My mother is 88 years old, lives in a nursing home in Italy and wants to make me a donation of 100,000 euros. Apart from paying the tax 5%, is there anything else I should do? Thank you
In your case, there would be no personal income tax or rainfall, so you would only have to pay the donation tax.
Hello, I would like to donate my apartment located in the province of Malaga to my two children. The value of the apartment is currently around 30,000 euros. Could you tell me how much this all-inclusive donation would cost?
Good afternoon,
I have a second property at 50% with my ex-husband in Catalonia and he decides to donate his 50% to my children, my children tell me that they will give it to me because they do not want to bear the costs of the donation. How much would the donation cost me if the cadastral value of your part is €90,000?
Thank you so much
We cannot answer you with the data you provide us, but a priori the donation tax will be 5% of the value donated.
Hello,
My mother is Italian and she wants to make me a donation of €200,000 since I am unemployed, without income and I live on rent. For my part, I am a resident of Barcelona, Spain. There is the possibility that part of this money can also help my son, who lives in Barcelona with me, to start a small business.
In Italy, parent-to-child support is tax-free, and is transferred directly from one account to another without any additional requirements (no notary).
My question is:
A) Is my mother obliged to register this donation before a notary in Italy, so that I can declare it here, and thus pay only 5% in taxes?
B) Or is it possible for me to prove this donation in Spain and register it before a notary here? This second option would be much better for both of us.
And in case of not registering the donation, how much would you pay in taxes here in Catalonia?
Very grateful for your attention.
These questions go far beyond what is intended with the blog, so my advice is to seek advice, more precise and with papers.
Did you solve this problem? A friend is in a similar case. She and her parents are Italian. She has been a resident in Spain for 5 years and her parents donate an amount of money to her. In the end, were you able to settle that amount for the autonomous community?
Thank you!
The town council of my grandfather's town asks me to fix a house because it is in poor condition, and I am unemployed and have no income, I cannot meet these expenses, that house is still in the name of my grandfather (now deceased) nor Neither my grandmother nor my mother (both deceased) became heirs, I haven't been to town for more than 25 years. Can you claim something from me? And if this is the case, can I transfer the house or donate it or give it to the town hall even without it being registered in my name? thanks a lot
Good afternoon, my question is a bit complex: the town hall of my grandfather's town asks me to fix a house because it is in poor condition, and I am unemployed and have no income, I cannot meet those expenses, that house continues In the name of my grandfather (now deceased) neither my grandmother nor my mother (both deceased) became heirs, I haven't been to town for more than 25 years. Can you claim something from me? And if this is the case, can I transfer the house or donate it or give it to the town hall even without it being registered in my name? thanks a lot
Most likely you are owners, even if you have not done deeds. It is true that the city council, within its powers, can force it to carry out reforms or assume the demolition of the building, to avoid causing harm to a person. For the rest, you can also transfer it to the city council but it must accept it.
Good afternoon!
I will tell you about my situation: my parents helped me with an economic amount to buy a second-hand home that will be my habitual residence. In order not to have problems with the Treasury, we plan to make a donation document for said amount, paying the donation tax of the Community of Madrid, which if I'm not mistaken is 1%. For this we will go to the notary specifying that the origin of the money is from my father's work and that
Is the process correct? I am not sure of the obligation to go to the notary since the CAM page only indicates that it must be a 'public' document. What would be the process to follow if not?
Thank you so much!!
Public documents are made by Notaries, so you must go to a Notary. Regards
Good afternoon. I wanted to know if it is possible to make a donation from brother to brother, of a flat owned with a mortgage. The property is located in the Community of Madrid.
Power is possible, but carefully analyze the taxation, because if the mortgage is assumed there would be no donation to us for that amount, and that formula would be cheaper since the donation between siblings is not subsidized.
Monitor the cost of municipal capital gains and the impact on personal income tax
All the best
Hello, My question is the following:
I live in Barcelona, I am married and my husband has bought a flat. We are married in separation of property. Next week we will make the payment and deed of the apartment. (We will not have a mortgage, my husband will pay for the apartment with our savings) I have been unemployed for 6 years. We make the income statement jointly.
Do I have to pay taxes to acquire assets? What type of taxation will we have to assume? As far as I know, my husband is already paying taxes on the purchase of the house. I am not contributing money, but my husband wants the apartment to also be in my name. Would that mean that my husband is making a donation of the 50% of the apartment? I ask because a relative has told us that we will have to pay very high taxes if the deed goes to both names. That's right?
The answer is too long to cover it by this blog. If you want, send me an email.
Hello, I am in a similar situation. Could you send me the answer please? hello and thank you!
Good afternoon ;
My mother has a home with the domain 100 %. You want to make a housing donation to both my sister and me. The house has a market value of approximately 140,000.- euros. What expenses would it entail? What are the procedures?
I have a freehold garage space in Madrid, I want to donate it to my 20-year-old son. How much we will have to pay taxes and expenses.
Thank you
How much does it cost to make a deed for a cash donation (to a child) in the province of Tarragona? Is it an official price, or is it free? I ask at two notaries and each one gives me a different price. Thank you
My current partner has a flat in his name, which has a mortgage. We are married and he wants to make me a donation of the 50% of the apartment. The cadastral value is less than the value of what remains of the mortgage and also less than the purchase value. The house was bought 5 years ago in Barcelona. I would like to know what taxes I must pay for that donation and on what value of the house.
Greetings
My presumed is the following: I have a flat in Extremadura but I want to donate half to my only brother that I have. The apartment is worth about 90,000 euros. How much do I have to pay for the donation?
Please reply to my email that I quote. Thank you so much
Thank you very much for following us, but your question goes far beyond the purpose of this website.
Hello, I have a house at 50% with my ex-wife.
She lives there. And she tells me to make a donation from me, and she takes charge of paying my part of the mortgage.
Is this possible??
Thank you very much for following us.
Of course it is possible. The only thing is to take into account who assumes the cost, and that if the bank does not give consent you "will not get out of the mortgage"
My mother left us in her will an apartment with a value of around €70,000 according to the treasury, to my sister and me... Since I take care of my mothers until the end... my sister has decided that the apartment is for me. Can my sister give up the inheritance (the apartment is all there is)? Or should we inherit and then (on the same day) she donates it to me? I'm confused and I don't know what to do. The apartment is in Madrid and my mother inherited it from my father who passed away 7 years ago. Thank you so much.
My father has left me in his will a house with a cadastral value of €90,000, now I want to donate half of this house to my brother, will I have to pay anything? Inheritance tax? Any municipal tax?
Thank you very much for following us, but with the information you give us we cannot answer you.
My wife stopped paying the mortgage on a second residence, the bank has taken the issue to court and we are waiting. We are currently divorced and she has half of all the properties seized for a loan that she requested and did not pay. I have the other half and I was thinking of donating my part to my two children in equal parts. The question is, would this act of donation be considered an asset uprising? Because of the second home, the court has not seized anything from me because the trial has not come out and I am clean. We live in Catalonia. Thank you
Your question goes far beyond the purpose of this website, but keep in mind that the crime of seizure of assets is very easy to perpetrate, since any act that delays, hinders or prevents the effectiveness of an embargo or a procedure is considered such. executive or urgent, judicial, extrajudicial or administrative, initiated or foreseeable initiation.
Hello, good afternoon. My mother wishes to make a donation of €50,000 to both my brother and me. We live in the Canary Islands. What costs would the donation imply? Is there a minimum amount of money exempt from donation tax?
Thank you so much
Hello, good afternoon. My mother wishes to make a donation of €50,000 to both my brother and me. We live in the Canary Islands. What costs would the donation imply? Is there a minimum amount of money exempt from donation tax?
Thank you so much
Hello, good afternoon. My parents are going to give me 40,000 euros to help me buy a house. From what I understand, I have to notarize this donation before a notary. Can the deed of donation be made the same day that the deed of sale of the apartment is signed? Or does this process have to be done in advance?
Thank you so much
Yes there is no problem
Hello, thank you very much first of all for this work of orientation that you offer. My question is, I am the owner of a 25% of a house in Barcelona, the other 25 is from my brother and 50 from my mother. Due to a foreclosure problem of another farm that I acquired, which does not have any abal or any type of property mortgaged to it, I need to get rid of this 25% that is in my name, the bank will get hold of it. What is better, sell for something symbolic or donate to my mother? In other words, what is cheaper? Thank you very much in advance
The alternative sells or donates or exists, from the moment that the means of payment must be justified. In any case, the donation will be cheaper and more advisable, taking into account that it could be rescinded if it was made in fraud or to the detriment of creditors.
Hello, my problem is somewhat more complicated. My father is already older, he is 80 years old and my mother has Alzheimer's, the fact is, they live in a town and several of the things that they are going to leave me in inheritance have no deed and the contributions are the only thing they have to justify, in addition there is a debt accumulated from the last years on the contributions because my father has never been very good at paying. My question is, could some kind of power of attorney be made and notarize the things that still do not have it directly in my name? Thank you so much
The problem with power of attorney is that if your mother has Alzheimer's, it will be difficult to sign, since one of the tasks of the Notary is to assess the capacity. The payment of IBI debts can be done directly by you. and according to what he tells me, the best moment to fix everything will be when his parents are gone,
Hello, my question is the following, my mother is going to make me a donation for the purchase of an apartment, this being my first home in Andalusia, is it worth the same at the notary if it is made for 13,000 euros than 20,000? What would the deed cost in each case? thank you very much
I want to make a donation of €30,000 to my son to buy his first home. My residence is in Cuenca and he lives in Catalonia. Where do I have to manage the donation?
What would be the tax cost?
Would it affect my son in the IRPF in the income statement?
All the best
Tax competence is determined by the habitual residence of the donee. You can do it anywhere, but I think it would be preferable in Catalonia, because of the familiarity with the tax. In principle, the type is 5%, but if it is for the purchase of a home, it can have a bonus of 95%, for which it must be done in a public deed and there would be no repercussion on personal income tax.
Thank you so much.
Hello,
First of all, thanks for your help.
In January 2014 my parents donated 40,000 euros to me. I used them in the purchase of a home (I do not reside in it). I paid the donation tax in Madrid. We also write the donation.
From what I have read on your blog, I understand that I do not have to pay personal income tax on these 40,000 euros.
My question is: Is there a box within the 2015 statement where I have to indicate that I received said donation? Even though I am exempt from paying personal income tax, should I inform the Treasury?
Thanks in advance.
In principle, income and donation taxes are incompatible, so that what is taxed by one cannot be taxed by the other. From what you ask me, I think there is no specific box, but it is a question that when making the declaration itself you can check it with the PADRE program.
Thank you so much.
My father has a second home apartment that he wants to donate to me. It is in the province of Tarragona and we do not know if a donation or sale is better. We do not know the procedure and the taxes that we should pay in both cases. All the best
The alternative depends on whether there is a price or not. In any case, at the present time a donation is usually cheaper, since the rate is 55, compared to 105 for the sale. Then the capital gains taxes and repercussion in personal income tax would be the same. Get good advice before the operation, knowing the real cost of everything.
Good afternoon,
My parents have a house, of which they have a mortgage. My mother wants to give me the 50% of the house while I'm alive. the other 50% would still be my father's. It is in Badalona. What kind of costs does this donation have? Thank you very much in advance!!!!
Good morning, I have lived in a house owned by my father for 17 years, I am married and I have another rented home of my own.
I want to regularize the situation in my father's house, I am going to pay him €200,000, the payments have been made in cash and said money has not surfaced (I have already paid €120,000) for personal income tax purposes.
How do you recommend me to perform the operation, so that it is as less burdensome as possible?
Where can I know the price estimated by the treasury that the house is worth????
It is in the Canary Islands.
Thank you
Go to a local notary
Good afternoon,
My parents want me to donate money to buy a house, and I would like to know if it is mandatory to formalize it before a notary. If it is not necessary, how should I proceed to make it legal?
Thank you
It is NOT mandatory to do it before a Notary, but if it is not done in writing the tax is much higher.
I already asked you a question. Thank you for your answer.
We want to make a donation to my son to buy a first home.
We have inquired at the treasury and they told us that the donation is made where the donee has the tax domicile. My son lives in Catalonia but has not changed his tax domicile, which is in Madrid. The donation can be made in Madrid and it would help him buy the apartment in catalonia.?
Can the donation be made now, even if the apartment is bought in a few months?
What they tell you is not entirely correct. Writing can be done wherever you want. Another thing is the law applicable to the taxation of the donation, which will be the habitual residence of the donee, and in case there has been a change, that of the place that has been the longest in the period of the immediately preceding five years. From what the competition tells me is in Catalonia, but if it were Madrid, it would have better tax treatment.
If the legislation is Catalan, you must take into account that the tax benefits are more specific, and you will need to purchase the home in three months and that it be used by your child as your habitual residence.
Hello,
First of all, thanks for the post and for your help Luis.
I have a question.
My parents are married in community property and both are over 69 years of age. My mother has made my father an income of €200,000 a little less than a year ago thinking that, being married jointly, they did not have to pay any tax.
Were they right or should they have paid?
In case of being in an irregular situation:
1) What are they exposed to? I mean, what's the worst that could happen to them?
2) What should they do to regularize the situation?
Again, thank you very much
Paul
The first thing to determine is the source of the money. If it is money earned during the marriage, the tax consequences would be scarce, since the money, despite being in the name of one or the other, is still property. And the only repercussion may be in terms of income, since the benefits will be attributed to the owner, regardless of the Matrimonial Economic Regime.
if it were private money, it could be understood that there is a donation.
The way to solve it is through a deed (better than a private document), which declares the reality of what is wanted, that is, the origin of the money and how you want it to be, for which the consent of the children may be necessary.
Greetings and thanks for following
Ok thanks Louis.
Good afternoon
My parents have a separate apartment and it is in their name and I wanted to donate it to my dear to know what expenses this donation would have in the community of Madrid, from what I have seen it is based on a percentage, this percentage to what amount is applied
thank you so much
The inheritance tax in the Community of Madrid, between parents and children, has almost disappeared. Check the issue of municipal capital gains and your father's personal income tax. Without any data it is impossible for me to have a budget. Thank you so much
I live in the community of Madrid. I have four children also residing in the Madrid community. I have a flat with a cadastral value of €130,218, (not 1 home).
Could you tell me the economic cost of the donation for me and for them?
We would need more data, but keep a close eye on the municipal capital gains, which depends on the cadastral value and age and in Madrid is very expensive.
Some time ago my parents donated me the bare property of a flat. They, as donors, already reflected this donation in their income statement and paid money for it.
Now they want to pass me the usufruct and I imagine that I will have to reflect in my income statement that the apartment is already mine in full control.
What expenses will this operation cause me? I know that I have to pay the usufruct donation tax as I already did with the bare ownership, but... will I have to pay more money in the following year's income statement?
Thanks and regards
Okay. I am living in my parents' house, my father passed away, the deeds to the property in which there are three apartments in the same house say verbatim: that my father buys the property for my mother and three brothers, now my mother already gave each of us one one of the rooms, I want to know if I actually do a deed or that my mother makes a donation where I specify the space that corresponds to me
Without data it is impossible to answer. It depends on the values, the age of your parents... and in the case of rent, the cadastral value. I can't tell you anything.
Hello, first of all congratulate you for the help you provide in this forum. I am divorced and I live in the apartment with my 2 daughters, but the apartment is at 50% with my ex-husband, who is facing the possible seizure of his current partner's house, of which he is the guarantor, and now we have fear that they could seize his 50%, which would complicate the issue for my daughters. I would ask you if you can help me to find out which would be the most economical option for me: purchase, sale, donation (to your daughters) or condominium. The apartment is in Barcelona capital, the cadastral value €51,000 was purchased in 1986.
thank you very much in advance
The fundamental thing is that the act they carry out conforms to economic reality. In other words, what cannot be done is to say that I have received money when I have not received it. The options that you have would be either a donation of half of your husband, in favor of you or your children, or a dissolution of the community, that is to say, that you acquire the part of your husband, paying. This last form would be the cheapest fiscally. If you want more information, talk to a local notary or lawyer, or if you want we can assist you in our office. A health
Hello, my question is the following: my parents have a flat with a mortgage that I am currently paying for, the fact is that the mortgage expires in 5 years and my parents have many debts that would seize the flat. How could I change it to my name and the mortgage as well. Greetings and thank you
That they forward it to you, stating that the price has been paid, for having paid the loan as well as the remaining installments. It is a sale, with the problem of taxation.
Thanks for the reply.
I am facing the mortgage payment but I cannot prove it since I deposited the money to my parents in their account and I could not prove it is for the mortgage. What scares me is that after so many efforts to pay it off, I'll finish paying it and they'll seize it. I want to put it in my name. The apartment is in a town in Barcelona. I would also like to know how much it might cost.
Thanks again!
Thank you very much Louis!
MY EX AND I ARE SEPARATED WITH SENTENCE OF DIVORCE. THE ONLY THING ON WHICH WE HAVE NO AGREEMENT IS IN THE HOUSE. IT IS AN APARTMENT WITH THE MORTGAGE PAID. NOW HE TELLS ME THAT IF I GIVE HIM 15,000 EU HE GIVES ME HIS 50%. WHAT CAN THIS AFFECT ME FISCALLY?? THANKS FROM ATEMANO AND GREETINGS,
Good morning,
My partner has, together with his mother and brothers, made a declaration of heirs after the death of his father.
We want to build a house on land that they have, therefore, we understand that the best option would be a donation. I imagine that his brothers must agree and therefore make an appearance before a notary.
In our community, Castilla la Mancha, the donation tax is reduced to 95%, something that benefits us.
I would like to know if these are the steps to follow (since the information on the net is too confusing and not at all explanatory):
-Valuation of the land in the AEAT
-Presentation and payment of the donation tax at the AEAT
-Go to the notary with the deeds of the land and the donation tax paid, to make a deed of the land in the name of my partner (in the presence of his mother and his brothers so that they give their agreement)
I hope you can clarify these little doubts,
Thank you for your attention
Start by going to the Notary and from there all the procedures will begin. It is necessary to see whose name is on the land, if this person is alive, they must transfer it (sale, donation...) to those who want to build the house, and they will be able to declare the work. Really go to a notary and I'm sure they'll clarify everything for you
For different reasons, I have a dilapidated urban estate, along with 13 other heirs from different heirs. We do not have titles or registration. We are heirs because we are descendants of descendants of the holder (died in 1936). In the cadastre there is 100% of my great-grandmother, now the great-grandchildren are supposed to be heirs. We can donate to the City Council and it does not cost us anything (taxes, income tax, etc.) nobody wants the house or spend on property registration or cadastre procedures. Does the City Council take care of everything? We have a neighbor with humidity and the house threatens to fall. Is there any way I can donate it? I only have a private title of sale from 1921 from my great-grandfather, the cadastre 100% my great-grandfather, and an acceptance of the inheritance from my grandmother to my father (1/3 of the farm) but without accrediting by title.
In short, the "14" want to get rid of the farm and not have problems with neighbors or damage.
What can we do?
Good morning.
In November 2006 my partner and I bought a flat. We put the mortgage loan and the deed in his name, because they gave us more subsidies putting it in his name, but we are paying for the apartment in equal parts, in fact before a notary we signed a document where it says that the apartment is bought at 50% for each of the parties.
In June 2008 we got married and now in May 2015 we have separated.
He wants to reach an agreement with me and pay me an amount of 28,000 euros. My question is: if I receive that money... Do I have to declare it to the Treasury? ..and if I have to declare it... How much money would the Treasury charge for the amount of 28,000e?
Thank you so much!!
With these data it is impossible for me to answer. In any case, the purpose of this website is not to be a consulting room.
Good afternoon, my parents have an urban plot in the province of Seville. This plot is valued at €67,000 and they want to donate it to me so that I can build a home on it (first home and regular home), I am under 35 years of age and I have seen that there is a deduction for this type of donation (donation of home and economic donation), although it is not clear to me if it also applies to the donation of land without buildings. If so, could you tell me what the payment would be to make?
Thank you
The donation tax depends on each Autonomous Community, so it is best to ask at the Andalusian Treasury or at a nearby notary's office where they will gladly assist you.
Good afternoon,
My parents have a house (warehouse with ground floor and first floor without distribution) with a cadastral value of 31,463.23 and the last year of cadastre revision was 1999. The surface is 84.58m2 and the total surface is 184.23m2 . With the consent of my parents and since I am an only child, I want to finish building the first floor and also put a second floor. My doubts are; if before starting the works, I have to put everything in my name and that my parents give me the property and with it pay the donation tax and also the municipal capital gains or it is better to acquire it when they die, paying the inheritance tax. What I want is to save money and I need to know if it is better that they donate to me now before the house increases in value or put it in the will.
An answer with the data that it gives us is very complex, since we would have to see where the property is, since the donation tax is of an autonomous nature, the taxation is different according to each autonomous community.
Anyway, if it were possible, I think it would be best to make a horizontal division, to differentiate the part of his parents and his, and that his parents donate the first floor and the right to build a second floor (right to fly ).
If all this is not necessary, the succession is almost always cheaper, but I tell you that with the data you give us, you cannot answer it.
Good night;
My question is the following, I have just separated and I am going to donate 30,000 e to my children. to each one. They are going to buy the 2 a house in Castellon, 2nd residence. They do not have their own home in Madrid. We live in Madrid. How much would I have to pay for this? And they in their statement next year? Can I make the 2 deeds (donation and purchase-sale at the same time? . Indistinctly in La C. de Madrid or in Valencia?.
In principle, this donation of money, if Madrid's tax legislation is applicable, would be subsidized, almost in its entirety. His children would not have to pay anything for rent.
Hello, my query is the following:
I am Andalusian and I have been living in Zaragoza since August 2013. Since September 2014 I have been working in Zaragoza and Huesca. Now I am going to buy my first home in Zaragoza and my parents want to donate 40,000 euros for the purchase. As I see in Andalusia, the donation tax would be one percent if that house were in Andalusia... But it is not. I would like to know if changing my tax domicile to Aragon, where I work, I could pay the donation tax in Aragon or how I do it... Thank you very much.
Tax jurisdiction, when determined by residence, takes into account that of the place where you have resided the longest in the last five years.
Hello. My residence is in Andalusia. My father is going to donate €100,000 to us to build a house. How much would you have to pay for donations? Is there any additional tax? Would he have to pay anything?
Thank you
Better ask at the Andalusian hacienda or at a local notary. But if it is money, you would only have to pay donation tax. On the other hand, donations, in Andalusia, for the purchase of housing, have a bonus of 99% up to 120,000 euros. Since I don't work in Andalusia, I don't know if these reductions also apply to the amounts allocated to construction. I think so, but can't be sure.
First of all congratulations for the work they do. I need advice on what I have to do to fully put my home in my name, where currently my sister has a property of 25% and we are at 50% on the mortgage, although I have always paid for it from my bank account (9 years ago) . The logical thing for those who do not understand is to think of a donation, since there will be no exchange of money, since she has not invested anything. In reality, for us it is simply that her name disappears from the deeds, but it seems that it is not so easy and they tell me that the tax to pay is high and on top of that there is the issue of taking her out of the mortgage. You know how to tell me if it would cost me more than €4000 taking into account that I live in the Canary Islands. Thank you so much.
The best thing to do is to talk to a local Notary Public where they will gladly assist you. The cheapest way would be a dissolution of the community, where you say that you pay your sister her part, for having taken care of her part of the mortgage. The total cost would depend on the value of the property, so I don't know if it's correct to talk about 4000 euros
Hello. I am going to sell my habitual residence (located in Catalonia) and I am the sole owner. Next, I will invest the profit from that sale in what will be my habitual residence, but this time it will be in the name of my wife and myself. Does part of the profit from the sale of the house have to be taxed as a donation?
You must pay taxes on what you give to your wife, but the gain as such will be taxed and meeting certain requirements will be exempt. Watch many how to do the operation if it is done correctly it is of low cost, but as you will understand I cannot answer through a website like this one whose meaning is more limited,
Good night.
My question is the following:
My 70-year-old father has an apartment in Blanes (Girona) under his name and he intends to make a donation to me. The value of the property is 75,000.
What would be the cost of the transfer?
Thank you and congratulations for the great work you do
the cost of the donation tax will be 5% of the value, as long as it does not exceed 200,000 euros. Regarding the costs of surplus value and rent, he cannot tell you. They are complex calculations that require a lot of data.
Good morning,
My wife and I (married in separation of property) have a 50% property each in L'Ametlla de Mar (Tarragona) acquired 10 years ago with a cadastral value at the time of €4,300. After a cadastral review 2 years ago, its cadastral value is now €19,910. She wants to give me her part for what is a donation. I understand that this means paying 5% of this value, what more taxes would it entail? how much would it be in rent? Or would it be better to buy and sell if I paid you €9,000 or €10,000?
Thanks in advance
Jose R Collado
The best alternative is donation. As regards the other personal income tax and municipal capital gains, with the data you give me, it is impossible to calculate them. Check with a local notary.
hello:
I want to build a house on some of my grandmother's land. You have to group them and then segregate only the meters that you want to use. I have a disability of 78%. Would I have any type of benefit when paying the inheritance? Would a sale be better? I was always exempt from making the statement. Once the change of owner has been made, would I have to do it or would I continue in the same situation? All this would be in Santander. Thank you.
I am the owner of the 20% of a flat in Galicia and I would like to donate a 10% to each of my children. My question is if the donation tax is on the cadastral value of what I am going to donate to you.
Thank you
Good morning,
I have a great-uncle in Andalusia, who is very old and has everything in his name only, he has told me that he would like to put me in his bank account (I am 34 years old and the money is 115,000 euros), is it possible to add me as a holder? If so, would it be considered a donation? He has no heirs and I will surely be the only heir when he dies. I understand that if I have to pay the donation tax in Andalusia and taking into account the degree of kinship, I think it would be a very high percentage, the truth is that I ask for your advice because we don't know what to do.
Thanks a lot.
Good afternoon:
I would need to make a segregation of about 200m on a plot of about 2500m.
Later he would make a donation of those 200m.
I do not know what steps I should follow, nor the costs involved, if you could guide me I would appreciate it.
Greetings,
The first thing you need is a municipal segregation license. It is granted by the city council if it is feasible according to the approved planning. Once we have the license, the deed of segregation and the donation must be formalized, it can be one or two, although we recommend doing it in two, for clarity and also the difference in cost is insignificant. The segregation accrues a tax of 1.5% on the value of the segregated property (if it is in Catalonia) and the donation accrues a tax of 5% if it is in favor of certain relatives (ascending and descending spouse) and does not exceed 200,000 euros. If it is in favor of other people, the tax is more expensive and depends on various factors. And finally, the farms would have to be registered in the property registry.
The costs of capital gains and personal income tax, there may be, but it depends on factors that I do not know.
The overall cost depends on the value of the properties and their situation, because everything I have told you is applicable in Catalonia, since they are taxes that depend on the Autonomous Communities.
If you need more information, do not hesitate to call us.
Thank you so much!! Greetings
I have a flat in Barcelona half deeded with my father, now my father wants only me to appear as the owner... is the donation very expensive? Is it better that I buy him his half? Thank you.
The donation will be cheaper, and also if there is no price, it will be difficult to make a sale, since the means of payment must be justified.
My father, an 82-year-old widower, has donated €25,000 to my sister and me, his only two daughters. We all reside in Valencia and we have notarized it before a notary. I am going to present model 651, although the settlement is zero for being subsidized in the Valencian Community.
Being only money, both the donor and the recipients must include it in the personal income tax and pay taxes for it?
Thank you so much.
NO. There is no repercussion on personal income tax
My husband owns half of the apartment we live in but he wants to donate to me on his behalf right now, what would I have to do and how much would it cost?
The answer may vary depending on your matrimonial regime and the situation of the property. But supposing that you are in Catalonia and the property too, you would have to pay 5% of half the value of the apartment, and there could also be tax consequences in personal income tax and municipal capital gains. If you reside in Catalonia there may be some other alternative that protects your interests and without excessive cost. All the best
My husband owns half of the apartment we live in but he currently wants to make a donation on his behalf, what procedures would I have to do and how much would it cost?
Hello, my question is given because an aunt of mine (without children) wants to open a joint account and contribute an amount of money so that, when she is no longer on her own, I can take care of the necessary payments. I don't know what amount we are talking about, but the question is, knowing that taxes are paid on donations in Catalonia, is there a minimum amount that is exempt from tax? In my income statement I will have to justify that entry of money and how? In the case of having to pay any tax, what percentage would we be talking about?
Sorry for the inconvenience again, but I must ask given the circumstances concerns that have arisen.
My matrimonial regime has not been a separation of property, and the house was inherited in equal parts with his brother. Instead of making a donation, the husband can currently make a sales contract, towards his spouse and if it can be done, what would be the cost to pay. In addition, in the event of death, if you leave debts, those debts pass to the spouse even if he is alone in his bank account without there being a will or acceptance of inheritance. The house is located in Catalonia.
Thanks in advance………
purchases and sales today are more expensive than donations, a 10% compared to a 5%. In addition, payment of the price must be justified, which makes it unfeasible or generates other problems.
Good afternoon,
I live in Barcelona, I want to make a donation of 50,000 euros to my daughter. That he has given the down payment, a term in November 2014 and another term in May of this year to buy a flat as his first home. The deed of the apartment must be done in October 2015.
When should we do the deed of donation?
All the best
In principle you can do it at any time. But if you want to obtain the tax benefit, the donation cannot be older than three months from the date of purchase of the home. My advice is to delay the donation until you know the exact date of writing, but if the writing is for October 15, you could do it now.
Hello, I have an apartment in Valencia that is in the name of 3 people, my parents and I, and we would like it to be in my name, with which we are thinking that both of them make a donation of their corresponding part, the value of the apartment in the Currently it is much lower than when it was purchased, does that influence the taxes to be paid? How could it be done?
Thank you,
Greetings.
The question differs if there is a price or not. If there is no price, it would be a donation, which would pay the donation tax, which in principle is subsidized between parents and children up to 100,000, although it may be higher due to the age of the donee. The difference between the purchase price and the donation price will influence the personal income tax, where there will be no taxation if they actually have less value today than when they were purchased. And with respect to municipal capital gains, there could be no taxation, as several sentences have pointed out, but the city council will force you to fight it before the courts, since it will not accept those sentences at first.
Greetings, and this reply is not an opinion, but mere information that must be corroborated by a professional who handles the matter.
Greetings and thanks for following
Hello good:
My mother has a flat in Madrid with a cadastral value of 130,000 euros. It was official protection and he already finished paying for it. The apartment is 18 years old. Only my mother currently lives in the apartment, but in the deed the apartment is in the name of my mother (72 years old), my brother (40 years old) and me (45 years old). My brother needs money and he wants me to buy his share and in exchange he would get out of the deed. Is it possible for him to get out of the deed in exchange for me buying his share? Can we between us stipulate the amount that I would pay you? What fiscal expenses would be involved? Thank you. You can answer me by my personal mail.
Indeed they can do it, but it would be necessary to know if some type of authorization is necessary and if there is some type of limit on the price. I imagine that none of this will be necessary given the age, but these issues will be told by the Community Housing Council. On the other hand, having the authorization, you had to make a deed for your brother to sell you his part. costs? the transfer tax for the buyer and the capital gains and perhaps some personal income tax, for the seller. Thank you very much for following us
Hello, I will tell you about my case, my parents want to give me their house as a donation since they are both unemployed and cannot take care of the mortgage, expenses... (this house is where I have currently lived for a year and a half with my husband and children and I take charge of the mortgage and expenses) and pay the rest of the mortgage, which is about €59,000, I would like to know what procedures I would have to do to carry out this procedure, and what the expenses would be, this house is in the Canary Islands, I thank you for letting me know. reply by email, thank you.
Hello, please I would like to receive some kind of guidance, when my parents divorced when my sister and I were minors (less than 7 years old) my father gave each of us the 25% of the house, the 50% belongs to my mother. Neither my sister nor I want that part of the house and we wanted to know what we can do, whether a donation or something else, the house is in Tarragona, Catalonia, what do you advise us? It would be writing again right? Could we give it to my mother? Could we not accept that sounding since we are of legal age? Thanks a lot
We should see documentation. But the most advisable thing is that they do it with the consent of their mother, since a resignation is still a donation.
Good afternoon,
My grandfather wants to donate me a farm with an old barn valued at €40,000 according to cadastral value in a town in Huesca.
My father is the heir to that estate. According to the payment of taxes for donations, would it be more advisable that I donate it to my father first and then my father to me? Or directly my grandfather to me? What would be the approximate cost?
Thank you very much in advance. Greetings.
Ana.
In Aragon, donations between parents and children are discounted to 100%. For that reason, it would initially be cheaper to donate to his father. In any case, tax regulations must be carefully monitored, as there are elements that can influence and that I am unaware of. That is why I tell you that this consultation does not have the character of an opinion.
All the best
Hello good:
My sister appears in the deed as the owner of a flat in Madrid together with my mother and I (3 owners in total). The apartment is already paid for and currently only my mother lives in it. My sister has incurred debts with various credit cards from various banks. He has no money to pay for them. In case she doesn't pay her credit card debts, is there any danger of our apartment being repossessed? Could my mother, the only resident in the flat, lose it because of my sister's debts? Thank you
Indeed, the apartment could be repossessed, but only his sister's part. Whether it will be seized will depend on the attitude taken by the creditors, which will depend on the amount of the debt and the existence of other ways of collecting, such as the seizure of payrolls...
Sometimes there are people who bid for undivided shares of farms in order to put pressure on the other owners for a sale at public auction, in accordance with the provisions of article 404 CC. The best thing they can do to avoid problems is to pay the debts, and have their sister inform them of their situation, because before the property is seized in the Land Registry, she must be notified.
Hello: I wanted to know if it is possible to buy a flat in Madrid and put it in the name of a minor (12 years old). Another related query is whether you can buy a flat and put it in the name of an adult and a minor (12 years old). Thank you.
There is no problem. But appreciate that if the minor does not have goods or money to pay, there is an acknowledgment of a donation.
Hello, I would like to know if in Madrid it is cheaper to make a donation of one third of an apartment or a sale of one third to my brother. The price of the apartment is 130,000, we are 3 owners and it is 18 years old. Thank you.
In principle, the sale, but it is not a matter of option, because for it to exist, the means of payment must be justified.
If someone you don't know wants to make a donation, how much will it cost me to pay the treasury and when do I have to pay it?
It depends on the value, since the type varies depending on the amount. The term is 30 days.
Hello, I currently live with my father in a family home, I have always been living with the family due to life situations and temporary jobs, they have not allowed me anything else, my mother passed away some time ago, my two brothers each of them have their own home, I am the only one who is taking care of my father and I assist him in everything he needs, well, my father wants me to keep this family home since I am the most vulnerable of the three brothers and separate my two brothers from it in life, he has talked to them about signing a resignation before a notary for his part of the house and one of them says he is not going to do it, my father wants to know if it can be done what I am exposing, give me this house and separate my siblings... I would like you to make me, if possible, a scheme to follow, steps to take until I get the house, (notaries, procedures... etc...) I live in Malaga. Thanks in advance… Sincerely Miguel…
If you are from Malaga, I address my colleague from that city, DON ANTONIO CHAVES, who will surely assist you, especially if he says he is on my behalf. All the best
Thanks for answering my friend, I'll try to contact him as soon as possible...
I want to donate a house in Tenerife to my son, he lives in Alicante, the property is in Tenerife and I, the donor and owner, live in Tenerife. Is it an essential requirement that the donee live in Tenerife? In any case, how long?
The donation will comply with the tax regulations of the Canary Islands. For the rest there is no problem that the donee resides in Alicante.
Hi, my question is the following.
Could my mother donate her apartment to one of her children (we are two brothers), if the 2nd brother is satisfied with the donation of the apartment to his brother???
Thank you
Clear
Hello,
Are you a businessman or a woman? Are you in any financial stress? or you
Do you need money to start your own business?
Do you have a low credit score, and you will find it difficult to obtain loans
from local banks and other financial institutions? solution to your
financial problem is KATE PACKARD LOAN COMPANY
Our services include the following:
* Personal loans
* Debt Consolidation Loans
* Possibility
* Commercial Loans
* Education Loans
* Mortgage
We offer loans at interest of 2% per Anum.
We offer loans to people in need of financial assistant with low interest
2% rate. In order to obtain a loan with this company, you can say the exact amount of
loan you need and the time in which you can repay the loan.
NOTE: You are required to email us at: kplenders@outlook.com
Firstly the necessary information from you:
(1) Full names:
(2) Amount needed as a loan:
(3) Telephone number:
(4) Duration:
(5) Country:
(6) State / Province:
(7) Monthly income:
(8) Marital Status:
(9) Age / Sex:
(10) Purpose of the Loan:
NOTE: All responses should be sent to: kplenders@outlook.com for fast processing.
Greetings,
From;
kate packard
KATE COMPANY LOAN
E-mail: kplenders@outlook.com
I live with my 93-year-old grandfather and a widower in Catalonia, now he wants to make a donation to me and my mother in equal parts from his house (my mother already has her first residence), reading I have seen that it is cheaper if I He makes the donation to me because I live with him and I don't have any other residence, would that be correct?
Thank you
I forgot the 12.5% of the house belongs to my mother by the legitimacy of my grandmother.
My father wants to make me a cash donation of 120,000 euros. We both live in Extremadura and we would like to know if, in addition to the Inheritance Tax that I would pay, either of us would have to pay that amount in the next personal income tax, and if I contributed that amount to my marriage (earnings), what would the tax cost be? that contribution. Thank you very much for your reply.
In rent there is no repercussion and neither in the contribution to community property, as long as it is done with an onerous nature. In any case, a contribution of money to the joint venture does not make much sense.
Hello, good afternoon. I am from Las Palmas de Gran Canaria and I have an aunt who owns her house free of charge and wants to make a living donation to me. She receives a non-contributory disability allowance from the Government of the Canary Islands. This are my questions:
– What taxes would we have to pay?
– Would you stop receiving your pay by making that donation?
– In your case, would a purchase-sale be better?
Thank you very much in advance.
All the best.
I think it is well explained in the post. Since it is a question about a specific case, I cannot answer it without seeing documentation. Check with any notary in your area and I'm sure they'll gladly assist you.
Hello,
I live in Catalonia and I would like to know if the donation tax has any exempt minimum. My father wants to donate around 20,000 euros to each child. Would this be exempt from tax or does any amount donated have to be taxed?
There is no exempt minimum. What there may be are bonuses, for example if the amount to donate is used to purchase a home. In any case, the type would be 5%, if there is no right to any bonus.
Good afternoon, I have a question, I have a 67% disability, and my partner (we are not married) is going to buy a vehicle in my name, my father-in-law pays for it, in this case since the car goes in my name it is as if He would have given me the car, right? We would be talking about a donation, I live in Catalonia. How much donation tax would I have to pay? Could you get a loan and spend it little by little? This loan would have to be raised to public, right?
Thank you
The donation tax depends on the amount, but being a donation from your father-in-law to you, the minimum rate would be 15%. If you make a loan there is no tax, but you can claim the payment.
Good morning from Santander.
I would like to know what it would cost me to get a flat that a person who is not related to me has left me in a will.
It depends on the value of the apartment, but not less than 15% of its value
Holquea, I'm taking care of a 16-year-old man who wants to leave a flat in a town in Valencia, can you please let me have little pension? I can say that I can do better if I make a will or donation and he keeps the usufruct since I have a 44-year-old disability and very little pension thank you
Ask at a local notary.
Good morning. My grandmother passed away a year and a half ago and the inheritance tax was settled. She had 2 houses and a bank account as assets. One of them wants to give it to one of my uncles who is single and lived with her until her death ( He does not have any home). What would be the most economical option fiscally? Donation?, declare him life usufructuary (until his death) of that house?, THANK YOU VERY MUCH
Any option depends on the value of the house, but above all on the place, because it is a regional tax. Having said this, the usufruct option is not cheaper, the only consequence is that it will be paid twice, once when the donation is made and another when the usufructuary dies.
Good morning,
I live in a house that is half my aunt's and half my father's (it is my habitual residence). In the event of their death, would I have any bonus for being my habitual residence? I am over 35 years old.
The house is in Catalonia
Inheritance tax rebates are linked to it being the habitual residence of the deceased person. The fact of being your habitual residence may have some repercussion on the capital gain (depending on each municipality)
Good morning
I live in Catalonia. My father recently passed away, and our mother died years ago. We are two sisters, we want my sister to keep the apartment, because I was already favored during my father's life in the purchase of my apartment, so I am going to donate a 25% that my mother left me as an inheritance. Well, my father left my sister the 50% and the 25% I already had from my mother. She's not going to pay me money or anything. And for it to be a sale there must be money involved. Therefore, I only have a donation left, the question is, why do I have to pay personal income tax? if I don't receive any money, or property, or anything at all. If I'm wrong and I don't have to pay income tax. Explain it to me, please. Thank you.
You should pay, if a profit is manifested, between the value of your acquisition and the value of your transfer. The why?. Well, you should ask the Minister of Finance.
Good morning, my husband has a house in Cantabria (Colindres) in 2010 with a current value of 160,000 euros and we are thinking of donating it to his mother (over 69 years of age). What would be the costs that this donation would entail. This house currently has a mortgage of about 80,000 euros. Would this mortgage have to be closed or could it continue to be paid? This house was purchased by my husband before we got married and is in his name. I have another home in my name, which is where we currently live. We are married with separate property. My husband had that house as his habitual residence and he has been deducting it in the income statement. It would have some repercussion to donate it. It would hurt you for the declaration of the following year. It would hurt my mother-in-law to receive this donation. She has never made the income statement. Should I have to do it after receiving a donation? Thank you very much for your help. All the best,
This is a question that goes beyond the purpose of this blog, and on the other hand, venturing into an answer without seeing any kind of documentation would be imprudent on my part. The entry lists the taxes to which the donation may be subject. All the best
Good morning, look, I just have a question, yesterday I asked about a donation of land and they told me that there are two types of donations, the direct one and the other I don't remember. and I asked for the price, they asked me for the proof of last property payment, and they asked me if it was going to be with or without reservation of right of a little word that seemed strange to me, so I would like to know how it is with or without reservation of rights right that… hopefully you can help me, thank you, it is urgent….
If there is a reserve of usufruct, it means that the person who donates can use and enjoy the farm, but without selling it. It is somewhat cheaper, but in the long run the same is paid, a part with the donation and then another part when the usufructuary dies.
I already remember what word it is, it is to reserve the right of usufruct, I do not understand who is the usufructuary, the one who donates the property or the one who receives it, who is the one who enjoys the usufruct and what happens with the usufruct and whose is the property after the donor dies
Hello, my problem is that my mother wants to give €30,000 to my brother and me from an account in which the three of us are holders. Would we have to make a donation or would it influence us at the time of the income statement? Awaiting your reply, thank you very much.
But if the three of us appear in that account as holders and we have already declared as such, can't the three of us dispose of said money as we want and without any type of donation?
if the money is yours there is no donation.
Hello, my question is the following; I inherited from my parents a house whose value in the deed was 60,000 euros in 2010, now I want to donate it to my daughter. Its fiscal value at the moment is 104,000 euros, I would like to know how much I would have to pay personal income tax in the declaration
It is impossible to answer, with the data you give me, but calculate about 8,000 or 9,000 euros. But this answer is not an opinion, make the queries with all the necessary data to calculate the tax
Mr. Prados: A sixth of a house with six legal owners reflected could be donated
in public deed before a notary, and if so, under what conditions. Thanks in advance.
Yeah.
Good afternoon, we are a married couple "in community" living in Castilla La Mancha and we would like to make a cash donation to our only daughter, now that she wants to buy a home in the United Kingdom, my questions are:
Is there any exempt amount, what documents must be presented to the Treasury, who must present them (donors or donee), before which body (state or regional) they must be presented and within what period.
It is a tax that depends on the Autonomous Community. Better ask at the Hacienda de Castilla la mancha or at a local notary.
Good afternoon,
We are a married couple with a child and we file jointly. 1 works, 1 stays at home with the child. If I want to transfer a significant amount (for example 20,000 Euros) from the current account of the person who works to a savings account of the spouse who does not work, do I have to register it with the Treasury and pay a donation tax?
We live in Barcelona.
Thank you in advance and best regards!
No. It's marriage and a small amount.
Thank you very much, Mr. Prados!
One more question: from what amount would the treasury have to be notified?
I will save your notary information in case at some point we need your services 🙂
Hello, I have an apartment in Madrid and my husband wants to donate his 50% to me. The minimum deed for the community of Madrid is 277,679.90 which, divided between the two, would correspond to each of us 138,839.95.
Then, if my husband makes me a donation of 138,839.95, which is his 50%, how much would he have to pay in rainfall?
Please, I would like to donate my part of 50% of a flat... there is no donation value because I did not invest anything in the flat because it is mortgaged
hello. I would like to know if I buy a house can I donate it to my six year old son? Thank you
Hello good. I am married abroad and I have assets in Spain. Apparently my marriage is not valid in Spain although I have presented its registration (all the documents were presented and legalized via diplomatic means). I can write a % of my assets (be it homes, be it companies) in the name of my wife. Thank you so much
There should be no problems, except for the fiscal cost.
Good night,
I would like to know the approximate cost if my mother renounces the usufruct and the 50% of the bare ownership and what is the best way to do it.
The farm is urban and is in Bcn.
Capital gains, inheritance tax and donations and personal income tax, how can I make an approximate calculation?
Thank you very much in advance.
It is impossible to answer without knowing values.
Good afternoon,
I live in barcelona. Last year, October 2014, I opened an account with my daughter, where an amount of money is deposited each month, that money has been used to give the down payment and other payments for a flat that we presume in November 2015.
I can make the deed of donation now for the total money deposited by me up to this moment.
In principle, yes, and these donations are limited to being made in writing and a maximum of three months in advance of the acquisition of the home, in addition to other requirements of the donee regarding their level of income. The only problem is that sometimes the settlement offices consider the date of the donation to be the date of the income and not the date of the deed. In any case, this influences the tax to be paid, not the validity of the donation.
Hello good evening . My question is . To know more or less what costs my husband and I would suppose, to make a name change of deeds of an apartment from my mother-in-law to my husband, as a donation from her to him. The apartment is in Barcelona city.
we should know the values. The donation in favor of her husband of up to 200,000 euros pays the 5%, but there are other aspects that I cannot answer.
MY MOTHER WANTS TO LEAVE THE APARTMENT TO ME ONLY AS A DONATION,,,OH MAKE A WILL SAYING THAT I ALLOWED THE APARTMENT TO MY SON….THE APARTMENT IS IN THE CAPITAL MADRID AND HAS 150 METERS….HOW MUCH TO PAY AND WHERE IT WOULD BE WHERE SHOULD YOU GO… THANK YOU
It is impossible to answer with the data you give us. It is best to consult with a Madrid Notary.
In the case of a private loan, between parents and children, if the parents decide to forgive the debt, that is, make a donation for the amount thereof, is it considered as such? What would be the date for the accrual of the installment, the loan or the donation agreement?
Thanks in advance.
In principle, that of the donation agreement, but the problem will be the proof, if it is done verbally.
Hello, first of all congratulate you for the help you provide in this forum.
In March 2015, I inherited a flat in Madrid from my father that I would like to donate to one of my two sons. According to what they have told me, if I donate it before March 2016, I would not have to pay capital gains again, since it is paid per year. inheritance tax would be paid.
Can I donate it for the inherited value if I donate it before the end of 2015? And if so, would I have to pay personal income tax?
In order not to harm my other son, can I donate half of the apartment to him and sell him the other half in order to donate the money from the sale to my other son?
Thank you.
We must answer yes to all that he has indicated. And regarding the issue of value, you should see the tables of minimum values, but I don't think there is much difference from one year to the next.
We have recently donated an amount of cash to our only son to help him, the problem is that his partner does not accept and wants it to be considered a loan. Is it possible to cancel the donation, recover taxes and formalize a loan or is it irreversible? How am I going to justify to the Treasury that each period of time I receive a payment from them?
Thank you very much for your reply.
Good morning! I wanted to present my girlfriend's case. She, her sister and her mother have owned a flat for more than 10 years. It is not his habitual residence. Now his mother and sister want to leave the apartment, but I understand that his mother can donate the apartment to him but his sister would have to make a sale to my girlfriend. How much would the inheritance and gift tax, the municipal capital gains tax and personal income tax? The apartment is located in the city of León. Thank you very much for your attention.
All the best
Pedro
Case in point...my mother-in-law's husband (married 20 years) wants to donate to my wife and me a farm with four undivided property. In exchange, we must take over the debt that weighs on the property, about €250,000, and give up a usufruct for my mother-in-law and for him.
The property has an approximate value of €600,000 and is in Catalonia, pay €2,000 of Ibi.
Best donation? Cost.? Or purchase for minimum value? Cost?
They have advised us by telling us to make a unilateral donation that we accept through a notarial deed but we do not register the deed in the registry until after 5 years... to avoid paying taxes... risks?
Is it possible that we buy a coefficient of the undivided estate?
Greetings and thanks in advance.
GREETINGS
CHRISTIAN
What they tell you has a huge risk, and it is very difficult for the administration not to detect it. Of all the fact that you assume the debt, supposes that for the value of it we would be facing a sale and the excess value would be a donation.
Good morning:
My partner and I want to buy a flat from my parents in Galicia with a cadastral value of 65,000 and a real value of 195,000. The idea is to pay them 80-90,000, which they would then give to my brother in compensation (my 50% is given to us as a gift).
The alternative would be to make a donation on me and then I compensate my brother.
What would you recommend doing? Thank you so much.
Good afternoon, my case is a bit special, I have no family, no children, no wife, no ascending family, only brother and nephews, do I have an obligation to leave my inheritance to them? And on the other hand, can I leave the goods to a friend? I live in Andalusia, how much would I pay for inheritance tax, thanks
Good afternoon.
I have a flat in Catalonia valued at around €140,000 and I want to make a donation to my wife.
Can you give me a "slight" idea of the expenses that I would entail? Is it better for me to make a sale?
Thank you
My brother wants to give me 50,000 eur because he has received it from an inheritance and he wants to distribute it. But we want to know how much we would have to pay for donation tax, we live in Asturias.
Ask at a local notary. I can't answer such vague questions. ALL THE BEST
Hello, I have the problem that I left my brother x money without a signature, nothing more than 10 years have passed and now he wants to return it to me. If I put the money in the bank 30,000 euros, they can call me from the treasury and I have to pay or I have also heard that I can Pretend it was a loan that my brother makes to me and I have to register it with the Treasury and nothing is paid. Thank you and best regards
I think nothing should happen if they justify it. Perhaps they could make a notarized document to justify all of this, both the loan and the return.
Hello good morning. I need a little help since I don't know which option would be the most recommended. My father has two lots, one urban and the other rustic (in addition to his usual house). We are two brothers and the truth is that we have always thought that we do not want anything from my parents while they are alive, we believe that they have worked hard to have their things but…. Whenever I hear about inheritance (in the event of death), donations, etc., it seems that there are a series of expenses and problems. I would like to know what is the best option to have everything tied up and that when they die it is the least problematic and cheapest possible (if it is better to do it while they are alive, we would do it if it is the best option). I am from Andalusia. Thanks a lot.
The best option by cost is difficult to assess, since it depends on the value of the patrimony of their parents. Normally it is cheaper to do it by inheritance, since there is no repercussion in personal income tax, and also there are usually more reductions in inheritance tax than in donation tax. That said, the AC of Andalusia has one of the most burdensome tax systems in Spain, since there is a bonus of 170,000 euros in inheritances, but that can be lost depending on the value of the inheritance. By way of advice, very simple, that your parents make a will and the more they inherit it will be cheaper. If you want me to refer you to a colleague to discuss these issues in more depth, please let me know. Greetings and thanks for following.
Good morning,
My husband's parents want to donate an apartment that is currently rented for old rent and they don't know if it's better to donate it to him while he's alive or to leave it to him in a will. I also don't know if we have to appraise the house today, since it is a house that is 47 years old and is in a town in Madrid. Thank you in advance for your help.
It's usually cheaper to inherit, but as you understand you can't judge without knowing the whole thing. All the best
Good morning,
I'm a bit lost on this topic, I've been informed by several channels and each one tells me a different thing.
I have an apartment in the community of Madrid that I would like to donate to my sister.
The value is about €80,000.
I have doubts about the amount that the capital gain can represent since it is a flat from 30 years ago.
Thank you,
tamara
The municipal capital gain accrues for a maximum period of 20 years. It depends on the cadastral value of the land. Surely the Community of Madrid has computer applications.
I would like to know what valuation is applied for the payment of the patrimonial increase in a donated property. The cadastral value or the deeded value at the time of purchase? The purchase dates back to 1973 for an amount of 100,000 pesetas (+/-600 euros ) being the current market value of 400.00 euros. Would an equity increase of 399,400 euros be considered and would you pay the 21% on that amount?
What you say is correct, but you must take into account some other aspects, such as the expenses you assume both in the purchase and in the sale, and the application of a percentage of exemption for seniority. With what the taxable income tells us, it would be approximately 21,000 euros, and on the other hand, that amount could sometimes be compensable with a loss.
Thank you very much for following us. In any case, this information is not a legal opinion, which could only be considered as such, in view of the examination of its documentation and global circumstances.
Hello, my parents own a house in Las Rozas de Madrid. Regarding said property, they are considering the possibility of donating it to me. My intention would be to tear it down and make it my habitual residence.
I believe that the percentages for taxation depend on the amount: 21% up to 6,000 euros, 25% for amounts between 6,000 and 24,000 euros, and 27% for amounts that exceed 24,000 euros.
My questions are: How is the amount established, with the cadastral value or with some other tax base? If the answer is through the tax base, how can I find out that amount? Is there any exemption in this regard in the CCAA of Madrid?
The property currently has a cadastral value of about €28,000. If I apply a 27% to that value, I get a result of about €7,500. Would this be the tax to pay?
Thank you so much.
My father passed away, and I am an heir there was no will and I want to donate the house to my mother.
And does it cost to make a deed and a donation?
Hello, my question is the following: if I own a house that I am going to donate to my children in the Community of the Balearic Islands, but we all reside in Madrid, where should I pay the donation tax, in the Balearic Islands or in Madrid?
Sorry, I haven't finished the query. In case of being in the Balearic Islands, what percentage of the value of the apartment does the donation tax represent? I see from your previous answers that in Madrid it is a 1%. Thank you
Good morning:
My case is the following….
My parents inherited a flat from my deceased brother in 2001 with 5 years paid only for a mortgage. Obviously I pass the flat on to my parents and it is deeded in their name and all legally.
The fact is that although it is in his name, the apartment became mine and I took over the mortgage on the apartment and I have already paid it... I think I just paid it off in 2010.
We have always wanted to change the deeds and for the apartment to pass to my name. The issue is that we don't know what is more economically advantageous. If buying, donating... or waiting to inherit. My parents have a will before a notary and it states that the apartment would pass to me... I suppose I will have to pay for the 3 options but before taking the step I would like to know what would be better for me... and well if something affects my parents and they would have to pay something... I don't know... I'm in a mess.
Important fact the apartment is from Valencia. And I think the cadastral value is 36,500 euros plus less
all the best
The cheapest thing is usually to inherit, but an opinion without seeing documentation is very risky. ASK any notary in Valencia. Thank you very much for following us
Good afternoon
I have been reading all the posts before consulting and I can't find anything similar.
I have been divorced for more than 30 years and the house we shared is being enjoyed by her by court decision and I have not bought another one. In the province of Barcelona.
My question is: now, more than 70 years. If I buy an apartment, can it be considered as a first home since I cannot have the other one? Given these circumstances, could I have some kind of bonus? The new acquisition would be in the province of Tarragona.
Thank you in advance and my apologies for any inconvenience this may cause you.
For the purchase and with respect to the taxes that are levied on the purchase, that is, the VAT or the ITP, I do not think there is any type of discount. Once the house is purchased, it will be habitual for the purposes of income and assets.
All the best
Greetings, I am a 25 year old Andalusian girl. My father wants to donate €69,500 to buy me an apartment that will be my habitual residence. I wanted to know what would be the donation tax that I as a grantee would have to pay in this case. Likewise, knowing if he as a donor would entail some type of tax as well. Thank you very much, regards
Ask better in Andalusia, it is a regional tax and you would have to look for discounts. In Catalonia, for example, there is.
But with respect to his mother it will have no consequence.
Hello, I am an Andalusian living in Andalusia in my parents' house. As you know, here there is no reduction in the ISD, so my question is, if for a house with a cadastral value of €364,000, it is better for us to donate it to me while I am alive or wait to bequeath it on death. I'm not sure, but I think that in the case of death there is a bonus for the 95% habitual residence of the person who arrives, extendable to 99% if I also live here.
Thank you very much in advance
I have a handicap 65%. We live at my in-laws house. I am from Catalonia. I have a flat in my name but I can't rent because otherwise they take away my pension. On the other hand, my husband, for the little he charges, could do it. Would it cost me a lot to make a donation to my husband from the apartment? Thank you so much!!!
I cannot answer without seeing a piece of paper and without knowing values
I would like to know if I make a donation to a brother of a 25% of an apartment, which is the part that corresponds to me because he creates debts for me such as not paying community property and not paying IBI and he has been inhabiting it since 1989 and continues with the same practice not to pay Thanks and kind regards
Excuse me but I don't know what you are asking me
Can you help me once we see the issue I will call you to follow the process
My father is sick, he is 76 years old, he has a farm of lemons and avocados, according to the estate tax the farm is worth €90,000, is there any way he can give it to me, that is, donations or something like that and not pay taxes, I don't have I don't have a floor or anything, I'm going to focus on the cultivation and maintenance of the farm, it's in Malaga
thank you so much
You could have some tax credit, if you are an agricultural professional and can prove it
Good morning, I have a house in the town in which I am the owner at 100%, my parents and my sister live in it, I want to give or make a donation to my sister of 50%, I would like to know the expenses that will be passed on to the treasury and in other institutions. the house does not have a mortgage, it is paid for.
It has been answered in the post. The costs will depend on the value.
Good morning.
I have a business and I currently have a house with a mortgage, I am thinking of donating the house to my daughters, but I don't know if I can do it and how.
Thank you
Of course, the mode is a writing and the cost would have to be analyzed based on values and other aspects.
Good morning, my mother wants to make a donation to her children, specifically 20,000 each. she lives in Alicante and I in Madrid. The question is how much do I have to pay in taxes? And the 2nd as taxed in the income statement that increase in heritage? thank you so much.
There will be no impact on rent. The donation tax will be very low as it is understood to be applicable to the tax regulations of Madrid, which has highly discounted donations.
We are two sisters and my mother wants to donate her flat to us. My parents bought it in 1982 and then later, in 2006, it was awarded to my mother by liquidation of property when they separated.
We would like to know what amount we have to take into account to calculate what my mother will have to pay in rent, the one that appears as cadastral value on the IBI receipt, the value that was placed on the floor in the settlement deed of profits, etc…?
She is receiving a non-contributory pension
We are all residents of the Community of Madrid
Thank you so much
There will be two values, one half will be the value on the date of purchase, and the other half the value on the date of his father's death, all as it results from the corresponding deeds.
Good morning, I am going to buy a house whose owners are my mother and my aunt. I have to pay for my aunt's part and it will be €70,000 and I will receive my mother's part as a donation for the same value. The house is located in the province of Barcelona, in the municipality of Montornes del Valles. My question is how much do I have to pay to the treasury to receive the donation? And how much does my mother have to pay to donate it to me?
The house is 40 years old, has not been renovated and has a cadastral value of €107,000.
My mother received it in inheritance by death 9 years ago.
Thank you
Your part would be a 5%, and you may be able to apply a 95% bonus for being a regular residence. I cannot calculate the personal income tax expenses with the data you give us
If I signed the mortgage in January 2016, when would I have to pay the taxes in the 2017 return or earlier? Both for the donor and the donee.
Thank you
for the dontario in 30 days. the donor in the income statement for the year, that is, June 30 of the following year
I live in Aragon, my mother is going to donate an amount of money to me, the donation being exempt. Should I make a public deed or is a private document enough? In that case, could you attach a model or tell me if there is any mandatory clause. Thank you very much for your attention and availability.
This is a professional answer, which obviously I cannot answer on the web. In any case, you must do the writing.
I left my deeds to my brother-in-law for a mortgage and he changed my name to his since the house belonged to my uncles and they were in his name and now I want them to give me a dination of the house because I live in it now before I did not live that I would need to make the donation and that they put it in my name and its cost approx. thank you
without knowing values, not the location of the farm it is impossible to answer
Good morning,
My partner and I want to buy a house and we are going to deed it in the name of one of us, but the mortgage in the name of both of us. They have told us that it can be considered a hidden donation by the treasury, but since we are from Madrid it would be subsidized at 99%.
The question we have is that one of the requirements for this bonus is that the donation be recorded in a public document, but we do not know if that document should be a deed of donation or the deed of sale and mortgage would be sufficient.
Thank you very much and greetings.
Good morning,
I have two children and I am divorced although I have a common-law partner. The house where I live is my property, it is in Andalusia and it can have a value of about 600,000 euros. I would like to know when I die how much my children would have to pay and if it would be more favorable to donate it while I was alive?
in principle it is usually cheaper to inherit. But in your decision or you should value only the cost, but also your safety.
My mother has donated her flat to me while she was alive. This apartment has been rented since January 2013. How do I notify the tenant of the change of ownership? Do I have to make a new rental agreement?
Thank you so much
simply tell him where to pay the fees.
Hello, I would like to know, in the event that a property is owned by 5 siblings, and one of them wants to donate his part to his son, what would the taxable base be, the total value of the house or only one fifth?
the one in the fifth part
Good morning
Recently my parents, residents of Asturias, have donated me a flat in Madrid. I am a resident of Madrid, and I have paid taxes for donations in Madrid. The donation is of the bare property with usufruct for life. If my parents died within 4 years of the donation, would the apartment be added to the estate? Tax for successions or donations? And in which community, in Asturias because the deceased was there or in Madrid for having already paid taxes once there?
Thank you very much in advance
The death of your parents would give rise to a tax for cancellation of usufruct for the concept of donations, which would be complementary to what you have paid at the time. In other words, it would pay the donation tax twice, once for the acquisition of bare ownership and another for the acquisition of the usufruct, which globally would be like paying for freehold.
The tax addition, I understand, I think it would take place, in accordance with the general rules (three years) and keep in mind that the tax legislation on inheritance would be that of the habitual residence of the deceased.
Good afternoon. I would like to know if I receive a donation of €55,000 from my sister, what the cost of the donation would be and what would be paid to the treasury the following year.
Thank you so much
I would only pay donation tax at the rate provided in the community of Madrid.
Good afternoon. Regarding the previous comment, I wanted to add that both people are over 65 years old and reside in the community of Madrid.
Thank you so much
good morning. A few days ago we signed in my favor the donation of land. I have a disability + 65% that is reflected in the writing, although I don't know why, because in this way there is no tax advantage. It turns out that now, when it comes to paying the settlement, I get €11,000 more than what the notary told me. And it turns out that we have also been informed that if that donation had been made as a protected heritage, the liquidation would be practically zero. I commented on it at the notary and he told me that they are not tax advisors and what is there. And that the deed cannot be modified to place it as protected heritage. Is that so? Can I present the liquidation of protected assets even if the deed is not such? It seems to me a lot of money just for going different ways. Do you see any solution? thank you.
A rectification could be proposed, but if the taxes have been paid it will certainly be difficult for them to be returned.
I begin by thanking you for your generosity and availability. I have a question about who are the heirs in the situation I am asking you about. Sister of my single father, no children. My deceased father. When she dies without making a will, are only the 3 nephews, sons of the brother, heirs, or is my mother his sister-in-law? And the rest of the family, cousins, uncles? Can you recommend any answer that they have given in the sense of how burdensome the inheritance between uncles and nephews is?
Regarding the payment of taxes, or for any other matter, does it have any advantage that she has made a will or is it irrelevant when there will be no conflict if the heirs are the nephews?
Thank you so much.
If my father (over 65 years of age) donates a house to his children, does he have any type of reduction or exemption for the calculation of the capital increase in personal income tax? Would it be necessary for the home to be the family home? . the operation would be carried out within the year 2015. It is that the donation comes out all “one paste”. Thank you so much
Hello, good! My friend is sick and wants to give me his apartment! What exactly would he have to do? Thank you very much
I live in Murcia and I have a sister with financial problems. I would like to donate 60,000 euros to her. Do I have an obligation to donate?
If you give it to him, it is obviously a donation. Another thing is that you have to pay. In principle, yes, but I imagine that what you are doing is paying off your sister's debt, so the approach would be different.
My daughter wants to donate the apartment that constitutes her first home to us, she bought it in 2010 for €180,000, she has a mortgage of €60,000, she paid 5% of ITP. For us it would also be our first home and we are considered a large family. What taxes must we pay?
What you should keep in mind is that the outstanding debt does not reduce the value of the transmission. In other words, if the apartment is worth 180,000 even if you have an outstanding mortgage of 60,000, you must pay taxes for 180,000. If it is a donation, the type will depend on the autonomous community.
I live in Lleida. I have a mortgage on my house that I already had before I married my second wife. She has just received an inheritance from her father, outside of Spain, and she wants to give me the money to pay off the mortgage. What is the best way to pay less taxes? The amount is 92,000 euros.
I am going to donate to my daughter the bare property of two premises and I do not know what price I have to reflect in the deed (tax base), so as not to have problems for tax purposes (the donation is exempt by regional regulations; if it were correct, I would like to have no gain or loss in personal income tax):
Local 1: I bought it 3 years ago for €159,000 (deed price), but the current market value that the CA would consider (Cadastral Value x 1.51) would be lower, 147,980.
Local 2 (the opposite occurs): I bought it 2 years ago for 90,000 (deed price), but the current market value that the CA would consider (Cadastral Value x 1.51) would be higher (105,148.86).
Could the deed reflect the acquisition price for premises 1 (price in deed) and for premises 2 the acquisition price ADDING EXPENSES of said acquisition (taxes, notary, registration, amortization... etc.? Or should it necessarily reflect the highest value of all, following the rules of wealth tax: that is, with respect to local 1 the acquisition price (price in deed), and with respect to local 2 the real market value that the CA would attribute (cadastral value x1, 51)?
What should it reflect and what effects does each option have on Personal Income Tax - loss or gain, compensation...? Are all the expenses inherent to it taken into account as the acquisition price?
THANK YOU SO MUCH
No, but you must take into account the rule for calculating the increase in equity, where taxes paid and other expenses can be taken into account.
Sorry, regarding the previous query I forgot to mention that the premises are in Aragon and the donation would meet the requirements for its exemption (until Dec 31, 2015)
It is best to ask who you are going to do the deed with
My aunt wants to donate me an apartment in Madrid. Catastral value 138,000. My aunt's age is 85. I have a handicap of 90%. What would be the amount of taxes to pay" thanks
Ask in Madrid, with the data you give us I cannot calculate it.
Hello, my father-in-law has received €20,000 from my wife's life insurance and since he understands that this money actually belongs to the family, he has decided to donate it to my two (minor) children.
The fact is that they tell me that in order to benefit from the reduced tax of 5% (we are in Catalonia) we would have to make a public deed.
My question is, how much can a notary charge us for carrying out this deed?
Thank you
Calculate about 200 euros, something up or down. I am not more specific, because I can only know the total cost once the document has been prepared.
We would like to donate to our son an apartment of which my wife and I are co-owners, what would the costs be?
We live in Catalonia.
For my son it would be his habitual residence, he is 28 years old and does not have any property.
We bought the apartment in 2010 for €60,000
The current cadastral value is €21,749 X 2 (Salou coefficient) €43,498, which is less than the purchase value
I would greatly appreciate an answer.
All the best
Good afternoon, first thank you for this article and your responses.
My mother is 80 years old and wants to give each child (we are 5 siblings) this Christmas €6,000. My question is if a public deed has to be made for such a small amount and what would be the expenses that that amount would cause each sibling. We all live in Catalonia, my mother too.
Thank you so much
Good morning. I am interested in building on land that my two brothers inherited, for my part I also inherited another. They have no interest in the land. What will be the most beneficial operation for me? They have told me about swaps, donations, sales… I would appreciate some advice from you. A cordial greeting and thank you very much for maintaining this website.
You can't answer with the data you give me. The purchase and sale option depends on whether there is a price, and if there is a price, it must be justified.
Hello, I am Chilean and I have resided in the community of Madrid since July 2013 (by marriage which was in December 2012), but I have been registered in my municipality since August 2012. Now my mother who lives in Chile will make me a transfer for 20,000 as gift, to qualify for the benefit of the community tax reduction, he asks me to do it in a public deed, but in this case, he is in Chile, how should I do it? Can I do the deed here in Madrid if she is not here? On the other hand, they ask me to have a habitual residence in Madrid for more than 5 years. In my case, do I fulfill them by having arrived in Spain in 2012? Thank you very much, Claudia
It is a dubious subject. The residence must be the largest in the last five years. I believe that you are a resident of Madrid, but who will have to decide is the Autonomous Community. The subject of the donation can be made from Chile and Spain. It is a matter of agreeing.
Good afternoon. I am a resident in Catalonia
My father and my sister can help me in the acquisition of premises for a business. 12 thousand each. My question: What do I have to pay of the 24 thousand that you are going to lend me? I have read that if it is for a business there is a reduction. The next question is what should I do? i'm a bit confused
Thank you
The logical thing is that they make you a loan.
Hi, good, I'm going to buy an apartment but I have a debt with social security and I have the account with my mother. I want to put the apartment under my wife's name but I have never had any income and we don't know how to do it.
Hello, my husband and I want to donate 287,000 euros to our daughter for the purchase of an apartment in the community of Madrid. We would like to know how to do it and if you have to pay any tax after having acquired it?
The normal thing is to donate the money in writing, and for his daughter to buy the apartment. In any case, check better in Madrid, as they are local taxes
Good morning, my father received a prize of 100,000 euros of which he already paid the corresponding part to the treasury, now he wants to transfer that prize to 50%, what cost would this entail? The province is Seville. Thank you
Ask at the Seville Treasury or at a local notary.
My 81-year-old father wants to change the name of the garage space he owns to me (his son) before something happens… We live in Barcelona, which is better? donate it to me? Sell it to me for an X value?... where do we go? Management, lawyers...?
Thanks and happy holidays
Go directly to a notary
Hello, if I want to set up a public limited company, and in the constitution I make a contribution from a place that my parents donate to me, what taxes (type and amount) should I pay?
I have already commented on the query system in the post.
Good morning,
First of all, thank you for your attention.
My query:
Yesterday I received a donation from my father and my two aunts (over 65 years of age), of a house in a town with its respective plot that they in turn received by inheritance a little over three years ago. In the deeds of inheritance, the appraisal was carried out according to the tables of the CCAA (Castilla y León) and in the deed of donation it has been carried out following the same steps, obtaining a lower value. I understand that donors do not see their patrimony increase, so specifying my question, should donors have to pay in the IRPF declaration for the donation? Is it correct to take the appraisal value for the deeds, which can be calculated in the Treasury page of the CCAA?
PS: the house is from 1944 to be completely renovated.
Thank you very much for your time.
They will have to make the corresponding declaration and if it comes out negative, it will be a loss that they can compensate with gains of the same nature, for the year and for the following four years. The AEAT can verify values, but unlike the CCAA, it is not usually frequent.
Good morning,
Is there a way to contact you privately?
Thank you so much
Good morning,
First of all, I wanted to thank you for your attention.
My question is this:
My parents have a house in Guadalajara and they are already very old. What I wanted to ask is if it is better that they make a donation/sale of the house while I am alive or, I hope that in many years, than that they die and be the owner by inheritance. I understand that it depends on the taxes in Castilla la Mancha.
Thank you very much and greetings.
The donation sale option does not exist, since today, the means of payment must be justified. Normally an inheritance is cheaper than a donation, but the comparison must be made on specific data.
If your parents are very old, as you say, what I do recommend is to make a preventive power of attorney, so that you can manage your parents' assets, in case they cannot fend for themselves.
All the best
Good afternoon, I am a 42 year old woman who lives with her parents. They have a house that is their habitual residence and my habitual address as well. Say that I own another home. Taking advantage of the fact that Galicia has practically eliminated the gift and inheritance tax, they wanted to donate the house to me. They are 68 and 74 years old. The catrastal value of the house is around 120,000 euros. The house was built in 1992 but we no longer have all the invoices. I know I have to pay the capital gains, but I am concerned about the increase in equity that they have to pay. How to calculate the acquisition price? Would we talk about a lot of money? Thank you so much.
Good afternoon ! My grandmother has passed away leaving a will and my father wants to make a donation to his children. I would like to know if you can make the donation to only one child since you do not want to take care of the payments for the rest of the children or, on the contrary, you have to include them all. Thank you
You can do it however you want, although depending on how it is done, there could be some difference in tax cost.
Good afternoon, I would like to tell you that my son is entitled to the 25% of a very old apartment that I do not think will sell for more than €25 or €30,000. A relative corresponds to 50%, and the other relative who corresponds to the remaining 25% does not want it and wants to give it to my son. We live in Girona. I would like to know if it is worthwhile for my son to accept that 25% more, since I understand that you have to pay the deed of donation, the town hall's pluavalia, notary procedures, etc., and I imagine that everything is the responsibility of the person who accepts or be of my son in this case. I would very much like you to clarify it for me, and also to know what we will have to pay the day it is sold, because at the moment this inheritance is getting quite expensive since our grandfather did not make a will. Thank you very much and a hug from Gerona.
Good morning! I have a house for sale that I inherited from my mother, with a cadastral value of about 30,000 eu. and I have it deprived, and I have it for sale for the same amount of the cadastral value of 30,000 eu and as the years go by, I don't have that luck to sell it; and to give it away, I'm thinking of donating it to the Town Hall for the poor.
Can it cause me any cost?
Thank you very much from BREA DE ARAGON
The owner of a garage that I have for rent wants to donate it to me. We don't have any family relationship. What taxes do I have to pay?
The IBI contains a value of €10,000
It is in the Autonomous Community of Aragon.
Thanks in advance
As I said in the entry, this page is not a tax office. If you want us to make an assessment, you can contact us and after examining the documentation we request, we will do a study.
As I said in the entry, this page is not a tax office. If you want us to make an assessment, you can contact us and after examining the documentation we request, we will do a study.
I have some rustic mountains in a town in the province of Zaragoza, they have a very low cadastral value, IBI payment of about 13,.- euros per year, I have decided to leave them as a Donation to the Town Hall. You can do it, how do I do the process, what expenses would the matter entail.
Thank you.
If you can do it, the cost depends on the value of the assets (which must not coincide with the cadastral) and your agreement with the town hall. But in principle it should only affect you in your personal income tax, and I intuit in an insignificant way.
I want to give my daughter 20,000 euros to help her buy her first home. Do I have to do some notarial management? How much would I have to pay? She lives in Madrid and I live in Zaragoza.
Thank you
Hello my question is My uncle wants to donate the apartment I'm living in. The apartment costs about 120.00, how much would the donation cost me? I live in Aragon, Zaragoza.
I have a niece by blood, and I want to donate some premises to her in Zaragoza, they are worth about 150,000 euros, I say this because of the cadastral value and the value that they may have updated.
I want to ask you how much the donation would cost my niece.
I have been the owner of the premises for about 20 years.
Who would have to pay the notary fees, registration. How much would the amount of Donation taxes and Municipal Tax amount to more or less.
Only approximate values to get an idea.
With the data that it is not possible for us to make a budget because we are missing several variables. Either consult a Zaragoza Notary, or if you want to consult with us by mail, we will ask for certain documentation. In any case, I anticipate that the donation tax will not be cheap, since there is no right to a bonus (which I suspect), the type of donations can go to 30% of 150,000 euros
Hello! My parents have a plot in an urbanization in the province of Barcelona. They bought the land about 10 years ago for 60,000 euros but then they had to pay for the urbanization, in total (purchase+urbanization) it ended up costing them about 130,000 euros. Now they want to donate it to me so that I can build a house there. And I wanted to know the approximate amount of taxes that this donation will cost, and the steps that must be followed to make it. Thank you.
The steps are to make a deed, pay the taxes and register the deed in the registry. To know the cost we would have to know the current value of the plot and the cadastral value. The only thing I can specify is that if the plot does not exceed 200,000 euros, the cost of the donation tax will be 5%. For a more detailed study, if you want, you can contact us,
Hello, my question: in a donation between strangers, a girl donates half of a property with a value of 114,000 eur. according to cadastral value. The value of half of the property that donates 57,000 and this is donated to three people who are sisters to each other. What percentage would they have to pay to be strangers?
Thank you
It depends on the applicable tax law, but when the property is in Catalonia, calculate a 18% each donee, on the value of what was received
Good morning, First of all congratulations for the blog.
My mother-in-law has a flat free of charges in Lleida, which she wants to sell to give us €50,000 for the purchase of her first habitual residence and the rest to pay off part of her current mortgage. My question is related to the donation tax, could a discount be applied if the amount is less than €60,000? Or, in other words, what would be the tax base to which to apply the 5% to calculate the tax?
On the other hand, in my mother-in-law's personal income tax declaration, would she have to declare the total amount of the sale of the flat or could the €50,000 that she donated to us be subtracted?
Thanks in advance
Hello
Could you tell me the cost of making a public deed for a donation of €96,000?
I am a resident of Catalonia.
Thank you so much
Deborah
Good afternoon:
My father wants me to make a living donation of about €30,000 in the Community of Madrid.
What would be the steps?
Go to the bank, make the transfer with its corresponding receipt and then?
Greetings and thanks
Hello !!
I would like you to tell me all the expenses that I would have if my parents donated me a place in Barcelona city, the cadastral value is €85,525, if I wait for them to die, what would I have to pay for the inheritance of this place?
How much would the notary costs amount to?
Thank you
With these data it cannot tell you all the costs. The donation tax would be 5% of the value of the property, which will not be the cadastral, but the one that corresponds to the tables of the Generalitat. The municipal rainfall depends on factors that I do not know, such as age and cadastral value, and the same with the impact on rent.
What data would I need then to be able to get an idea?
Hello !!
I would like you to tell me all the expenses that I would have if my parents donated me a place in Barcelona city, the cadastral value is €85,525, if I wait for them to die, what would I have to pay for the inheritance of this place?
How much would the notary costs amount to?
Thank you
It takes time for your parents to have enjoyed the premises, cadastral value, acquisition price,...
In any case, almost always, it is cheaper to inherit.
Hello.
I have a flat, which 25 years ago my parents gave me a donation and you see I have
the deed of donation.
I have 2 questions: the 1st, can I sell it with that deed without any other requirement?
The 2nd If I sell it, what payments do I have to make or rather, how much for % will the state or the treasury demand me.
Thank you
Anthony Lopez
You can sell it. You will have to pay the municipal capital gains and it is very possible that it will have an impact on personal income tax. But without data I cannot answer. And I remember that this page is a call for advice and not a clinic.
Good morning ! My husband inherited money from his mother, he had no property. Now he has it in the bank in his name. We have thought about buying an apartment to rent but he charges the subsidy for people over 55 years of age. If you have extra performance, will the aid be taken away? If you put it in our joint account to buy the apartment in the name of the two, it would be a donation to the spouse, how much tax must be paid for that donation? We are from Barcelona. Thank you so much.
We are going to register in the register of Domestic Partnerships of the Canary Islands. We have lived together for 30 years, we share checking accounts (co-owners), investments in the Stock Market, Fund, etc. (50%) ; In addition, we have signed Pension Plans whose beneficiary in the event of the death of one is the other. Throughout our coexistence we have acquired 5 homes (2 of which are in one's name and the other 3 in the other's name) and a piece of land (in one's name). We have no offspring or parents. Thinking about the future, and wanting that in the event of the death of one, the other will inherit everything: What would be the best solution from a tax point of view? Will? Donation -in the Canary Islands, the donation between de facto couples has a bonus of 99.9% of the tax quota-?, etc.
Good morning.
I have a house in Catalonia for 20 years. Its cadastral value is €150,000. I would like to donate half to my wife. How much would the donation cost? The house is in Pallaresos, province of Tarragona.
Thank you so much.
The donation tax would be 5% of the value of half of the floor. The other taxes cannot be calculated without more data. All the best
Good afternoon.
My mother-in-law has a house, valued at around €90,000, which she wants to donate to my husband and sister-in-law. We live in the community of Madrid, and my mother-in-law has been in Guadalajara for 1 year.
My question is, if it is better to make a donation, or is it more interesting to wait to inherit. Thanks a lot
Dear ,
I live in Brazil and my husband has a son who lives in Madrid, he is married to a Spanish woman and has a daughter. We want to make a cash donation (300,000.00 euros) for you to buy a property (home) and you would like to know the procedures and the cost and the need for the services of a notary.
since to find a notary in Madrid? Could you point me to one?
Thank you
Ask at the notarial college of Madrid
Hello!,
Our father has passed away without a Will. The children are thinking of giving up the economic inheritance (130,000 euros) in favor of our mother. How could we make it the least fiscally costly for everyone?
Will we have to accept the inheritance and then donate it to our mother?
We are in the Galician Community.
Greetings and thank you.
Speak directly with the Notary in your area. But if the tax is not prescribed, I don't think the resignation has any fiscal significance. In any case, many things would have to be analyzed, such as marriage regime, values..., and to know what you understand by resignation.
By resignation I mean that we would give or leave the money of our inheritance to our mother (would we donate to her? ).
The matrimonial regime was communal.
Thank you so much. All the best.
What I told you is very difficult to answer in this way, since it could generate errors. I don't know if the resignation implies the property, among other things... Consult your specific case in your area.
Hello, what percentage is applied now in 2016 to donations? In my case it would be a house.
Thank you so much.
I cannot answer you given the vagueness of the question. A donation depends on many factors.
I live in Seville, how much would it cost me to donate 100,000 euros to each of my two children?
The inheritance tax is autonomous, so I am not very familiar with that of Andalusia. The tax rate would be around 12,000 euros, for each child. In any case, I do not know if you may be entitled to some type of reduction, depending on the purpose of the donation. Ask a notary in Seville.
Good morning, my grandparents donated their house to their 4 children. Upon the death of my grandparents, my mother has decided to keep the house and is going to forfeit the condominium with her brothers. The question that arises is whether we are more interested in my parents deeding this house in their name or it would be better if they deeded it in the name of my sister and me, so that in the future we save on a new deed and pay for successions. The house is valued in the cadastre for about €50,000 and is from Castilla la Mancha. My sister to date does not own any property.
If it is written in your name and that of your sister, in addition to the extinction of the condominium, there will be another transmission, that of your parents to you, that is to say, it is as if you paid twice, when the future succession will surely be cheaper. The best advice is that things are in the name of who pays for them.
Thank you so much.
thank you
We are married, jointly owned, from Zaragoza. We have only one son with a disability of 67%, who has his private estate, single and under our legal guardianship.
We have a will for each other and our son's universal heir, but we would like to make a donation to the husband of a blood niece of my wife, that donation would be a place owned by the couple and another place owned by our son who is a first cousin of the wife of the potential recipient of the donation.
How related is this gentleman? Is it grade III or grade IV? This gentleman has a disability of more than 33%. Would he have any reduction in the tax base as a donation?
Thanks in advance. Tell him that I already used his page on another occasion to ask him a topic and it was perfectly clarified.
Your niece's husband is a stranger to you, he is not related, therefore, fiscally speaking, he is group IV, and your son's relationship with his first cousin is fourth-degree collateral, therefore, fiscally speaking, he is group IV.
With regard to taxation, there have been recent changes in Aragon, and I still haven't fully explained them. The best thing is that you talk to a notary in Zaragoza, if you want privately, I can recommend a colleague.
What you should keep in mind is that your son's donation will surely require judicial authorization.
You can see the latest blog post.
Greetings and thanks for following
Hello!! First of all, thank you for responding to so many comments. And the second thing I wanted to ask how much a donation of 2 houses to my children of 27 and 12 years old could cost me. I want to marry my foreign partner and I would not like my children to have problems with the usufruct if something happened to me, I live in Palma de Mallorca. I also wanted to ask if there is any way to sign a document in which my partner renounces the usufruct? Thanks in advance.
Greetings
It is impossible to answer with the data you give us- The amount of the donation depends on the value of the donated. As regards the usufruct, I do not understand the question.
Good afternoon, I have my question. My in-laws want to donate land to my husband so that he can build a second home in the town. The land is in a town in Guadalajara where my in-laws reside. We live in Madrid and my husband has been registered here since 2007. I would like to know in which autonomous community my husband would have to pay the donation tax. Madrid or Castilla la Mancha? I understand that if the donation is from a house, the tax is paid in the community where the house is located, but if it is any other good, it is paid in the community where the recipient of the donation resides and I don't know if it is true. Lastly, ask yourself how the donation tax is calculated. Is it a percentage of the cadastral value? . Thank you so much
It will be paid in Castilla La Mancha. The criterion is the place of the property, it does not matter if it is a home. The cost will depend on the value of the property, according to the valuation criteria of the community of Castilla La Mancha. Normally it depends on the application of a multiplier to the cadastral value. which is different in each municipality. The type of donations will depend on that value, and it starts at 7,64% and goes up progressively depending on the value.
Monitor the municipal capital gains
Thanks for answering so quickly. I was referring to if before getting married you can renounce the legitim that falls to you by inheritance law, I don't know if I explained it well. Thanks again
Inheritance cannot be renounced while alive. The reason is that you don't know what you're giving up. However, there may be some nuance depending on the applicable law.
Hello,
In order to build a house on rural land, my wife and I bought and sold 15,500 square meters of a 21,500-meter farm that my parents had for 50% each, in the 90s.
Both of these 15,500 meters (currently 13,000, due to expropriation), as well as our house, we have bare ownership at 50%, my wife and I, while my parents have usufruct.
My father is also the owner of another attached farm of 9,000 meters, and together with my mother they own the segregated rest of the 21,000.
Now my two brothers, with the approval of my parents, want to share my parents' properties through a donation.
Is it feasible to carry out these procedures while alive?
Thank you
In principle yes. The problems can be fiscal, licensing, but on the other hand there is no problem
Hello Sr. meadows,
I understand, Mr. Prados, that carrying out these procedures while alive is legally feasible, but perhaps more financially expensive.
Do you think it would be more advisable to write a will and record in it the will of my parents, to donate a property to each one and thus, incidentally, extinguish the usufruct that falls on our property?
Thanks in advance.
It is usually cheaper. With you things you buy security, since a will is revocable.
Hello Mr. Prados,
Thank you very much and congratulations for this blog.
Good afternoon Mr. Prados.
At the time, I gave up my parents' inheritance, now, with my two brothers, we want to sell the properties that my brothers inherited, and they are going to donate to me the part that I give up,
What taxes/expenses will I have to assume?
The approximate amount of the donation will be 100,000 euros.
In Girona.
Thanks greetings
A donation between siblings for the amount of 100,000 is taxed at 14,29%, that is, 14,290 euros
Hello, good afternoon ,
We are a cultural Association and we want to donate a single-family home to a person, he took a Notary and the m2 of the house costs 755 Euros / useful m2, a house that once cost us 4000 Euros and now if we want to donate it Whoever keeps it has to pay 14,760.80 Euros between a notary and the Treasury. Is that normal ? Thank you
The donation tax depends on each Autonomous Community, so without knowing where the property is or its current value, I cannot answer you.
It is in a town in Teruel Andorra, and I think the value is 63,000 Euros.
Hello, good afternoon, you can raffle a flat before a Notary.
Hello: my father died, they had a flat, I gave my part or donated it before a notary to my sister, my mother died and I have her part that I want to donate to her daughter since her mother (my sister) is in a residence and He wants to go live there but they won't give him the key if I don't donate, the question is: if I donate my part, they are obliged to give him the key to enter the apartment.
thank you so much
The owner has the right to the key
Good morning,
I have a house that I had to get my mother into the deeds. There is my husband, she and I, each have a 33% of the property. My mother wants to make me a donation from her since she has nothing to do with that house. How much would it cost me? You could simply make a document in a notary and that's it. Thank you.
It depends on the value and where the house is. If Catalonia were the 5% as a donation tax, in addition to the municipal capital gains and the possible repercussion on personal income tax
Good afternoon: My question is, can a donation be made in favor of a child when one of the 2 parents is mentally disabled, in court, and the beneficiary child is also the guardian of the disabled parent?
In principle, yes, but most likely a legal defender should be appointed to approve the donation.
For work reasons I had to go to the Canary Islands for some time, where I registered. But my tax domicile and habitual residence is Madrid. I am already retired. I want to give an amount of money to my son (of legal age) who resides, is registered in the Canary Islands and does not have to make a personal income tax statement. What is more beneficial for both? donation or loan with a repayment in 10 years at zero or almost zero interest? The amount would be one hundred thousand euros. Both in the donation and in the loan, how much would have to be paid, who and in which community?
Madrid. A friend has told us that he will donate €500,000.00 for personal reasons. What would have to be paid as gift tax and what other tax charges would there be?
The donation tax would be very expensive, around 32%, given that there is no relationship between donor and recipient.
Good morning, my husband owns a flat in Barcelona, and he wanted to donate it to our son under the age of 30 to use it as his habitual residence. Does my husband have to pay personal income tax for this donation?
Thank you
Maybe yes, but it depends on the acquisition value, donation value and age of the asset in your husband's estate
I want to donate €50,000 to my daughter, we both live in the Valencian community, what procedures do I have to carry out, and how much will it cost me? The father (donor) is currently 65 years old and retired
Better ask at any notary in Valencia. The donation tax is a regional tax and they will be more familiar with it.
Hello; I am married, father of two children and I have a habitual residence, my father is 79 years old and wants to donate his habitual residence to me, keeping the usufruct. I live in the Canary Islands and the gift and inheritance tax has been modified in 2016 to 0.09%, I would like to know if, because I am over 65 years of age and habitual residence, both of us or only my father would be exempt from capital gains, and if this transaction would affect my next declaration of the rent. The value of the house to be donated amounts to €500.00. Thank you very much in advance for your valuable and generous help.
It would not affect your income statement at all. The capital gain is only paid by the transferor, that is, you do not have to pay any capital gain. In any case, be very careful if the reservation of the usufruct can be the cause of losing some type of tax benefit, either in personal income tax or in the donation tax.
Hello, we have an apartment in the name of a sister and she does not want to appear in the deeds, to put it in the name of the other 2 sisters with their respective names, what is the best and most economical way, it is in Murcia and valued at €60,000
The options will depend on whether there is a price or not. With the data it gives us, it is impossible to make any calculations.
Hello, there is no price, it is for 3 sisters, but it is notarized in the name of 1, nothing more, and he wants to disassociate himself completely by giving away his part, the question is which is the most economical way, if you need any information we will provide it, thank you
So it is a donation between collaterals. The sisters' spouses are strangers, so it would be most economical to just put it in the sisters' names. In any case, this page is not a tax office. We can give you all the advice you need, but not in this way. All the best
Hello, we have been a common-law partner since 2011, although we have lived together since 2003, we live in Barcelona and my partner will make me a donation of €25,000, from what I read on the blog I understand that I must pay 5%. Is that so? Where should I pay it and if there is any other procedure to do. And what is the approximate price of writing.
Thank you so much
What you must take into account is that you must prove the situation of a common-law couple. You must make a deed and settle it at the Generalitat by presenting model 651. The price of deeds will be over 250 euros
My mother gave me a donation from her house because my sister and her husband did not pay for the house and my mother was their guarantor and in order not to be left on the street she donated it to me, what consequences do I have with my sisters when my mother is not here?
I cannot answer without seeing documentation, there are countless factors that can influence.
Good afternoon, my father (already a widower) has made a will in which, according to what he was told at the notary's office, my brother could not have access to the inheritance, not even the legitimate one, because he had not had contact with him for years. . I don't know to what extent this can be, but nonetheless, he wants to tie everything up so that when he passes away, my brother can't claim anything. In what way could you leave me the apartment in which we both live (habitual residence) paying as little as possible? We reside in Catalonia.
Thank you so much.
I have a nephew to whom I wish to donate a house and his farm in Cantabria. Lives in Madrid. What regional, municipal or other taxation will you have to face when receiving the donation? I estimate its valuation at 300,000 euros.
The tax law is that of the place of the property, that is, that of Cantabria, and in addition, the payment of the municipal capital gains that depends on each city council must be made.
I guess it's something unusual: My brother and I own an old house and a farm of little value in a town in Burgos. I want to get rid of them, I want to give up without receiving anything in return. The farms do not have any mortgages or charges. My brothers of course agree. I can do it? What procedures would I have to do?
THANK YOU
The normal thing would be to make a donation to his brother.
I own an old house with a brother at 50% and a garden that is separate from the house. I don't need them and I want to get rid of them. I want to give them up. Of course they do not have mortgages or additional charges. My brothers agree. I want to know if I can do it and what procedures I would have to do.
THANK YOU
I have a rustic property in Tarragona that my ex-partner acquired, it is in my name. Now we are separated and I want to put her name on it. The value is 57,000 euros with all the coefficients applied. That it would be less expensive to donate taxes or make a sale with the minimum value. There may be some other way to make it cheaper. Thank you so much
If you can prove that you are a common-law couple, the donation is cheaper (5%), compared to 10% for the sale. In any case, the alternative as such does not exist, since the means of payment must be justified, in case of opting for the sale.
Good afternoon, in my case I am an only child and by inheritance, I have 50% from one apartment and 46,66% from another, the other parts being the property of my mother, who wants to donate her part to me while she is alive. We live in Asturias. Would its cost be very high?
Thanks greetings
It depends on the value of the apartment, ask better in Asturias.
The value that would be applied would be the cadastral, which is indicated in the payment that I had to make when inheriting by "succession mortis-causa"??? Thank you
I tell you my doubts:
I live in Galicia, I am married in community property regime. I have sold an apartment that I had as a bachelor, (€100,000) and I want to distribute that money among my children,
1º does my wife have something to intervene in this matter?
2nd, what taxes do I have, and what my children?
I am Bolivian, with Spanish nationality, I am 68 years old and a resident of Madrid for more than 30 years, I want to donate 50,000 euros to my son who lives in Asturias. By bank transfer from Bolivia. the money comes from the sale of a property. What is the procedure? How much is the donation and deed tax?? Thank you very much for your attention
Hi, good afternoon! I live in Mallorca and I'll explain... my godfather has a house in very poor condition and he wants to donate it to me while he's alive so he can sell it since it's not even worth reforming it since it's more profitable to throw and build... how much Can the donation cost me?
It depends on the value of the property.
I have a business premises in Madrid valued at 150,000 e that our parents who died 16 years ago left us and I want to donate my part of the premises to my two brothers. What do I have to pay? How much do I have to pay? And what do my brothers have to pay and what do I have to pay? .
Thank you
I think what you have to pay is explained at the entrance. The amounts depend on a large number of factors that I do not know, such as the age of its acquisition, acquisition value, cadastral value... Therefore, any answer would be bold on my part. All the best
Hello, a year ago my father and my grandmother made a transfer to my account to pay and cancel my mortgage. I did not know nor was I informed that I should have made a donation. Now after a year I wanted to know what to do and what consequences. how much would it cost me to fix it being the amount between the two of 15,000 euros
It depends on the place of your residence, since taxation depends on each Autonomous Community.
Hello!
Well, I wanted to donate a property in Madrid. The issue is that I want it to be as cheap as possible, since it is for a child. I have had it since 01/01/2002, and I want it to be the cheapest whether I look at it from here (I am a resident of Oviedo) or if I go to Portugal and register there.
Thank you for your attention
With these data, as you can understand, we cannot answer. The cost depends on the value of the property
My sister will sell a house in Mexico of which she is the owner, the sale of the house will generate taxes, which will be paid, and then she tries to make me a deposit for an amount that she intends to donate to me. What taxes would that transaction generate?
With these data it is impossible for me to answer
Hello, I wanted to consult a case that due to ignorance I have omitted.
The problem is that to buy my grandfather's house, I asked for a loan at my bank branch, which I entered into my grandfather's account, which is from the same bank.
The bank pledged my grandfather's account to give me a kind of guarantee of 36,000 euros of the 18,000 that had been agreed in principle, and they would be blocked in that account. My grandfather later failed and passed to my father (who already paid tax on successions) when transferring the inheritance.
The point is that after denouncing the bank for this malpractice, it agreed to return the entire amount, the 36,000 euros, but told us that it could only be done by transfer to my account, since it could not be collected in cash. And to repay outstanding capital of my mortgage debt.
My question is that due to ignorance I did nothing, and now I read in public forums that I should have made a public record at the notary's office with which I can justify that money to the Treasury, since we would be talking about a donation? Is that so?
What can it lead to not having done it and more so when eight months have elapsed since this Transfer and amortization of capital was made? According to what I have read, it must be done in a month to be able to have the bonus. He told us nothing. Could it be done now? How much would it amount to? Would I pay a fine, interest? What are the steps to follow? Thanks for reading.
Hello good,
My question is the next. My 95-year-old mother has donated to me the half that corresponded to her of the apartment that we inherited in equal parts from my father 12 years ago.
I have already proceeded to pay the following taxes:
– Donations (in Madrid it is discounted to 99%).
– Municipal capital gains.
But the question that remains is whether my mother should also pay personal income tax for this donation... in theory it should be done, but being 95 years old I think she would be exempt (she also has no obligation to file personal income tax due to her low income: a meager widow's pension).
Thank you
Hi there,
My father gives me 32,000 euros to settle debts, I'm from Barcelona, do we have to do something? Do I have to declare something? as I have to proceed??
Thanks a lot
If it is a donation, you will have to pay the corresponding tax, at 5%.
Don Luis has fought that, but we have not gone through a notary to make the transfer. In these cases it is higher, isn't it than the 5%? Thank you very much again
Indeed.
You must do it, although it is very likely that it will not be a fee to pay.
I think you can be calm, if you justify everything said.
Good afternoon:
My uncle (75 years old) wants to give a cousin of mine and me his third of a rustic farm (vineyard with economic yield). My cousin and I each own the rest of the farm. This farm is in La Rioja. The question is the following: at the tax level, which is better: make a donation or put the farm in a will?
At the cadastre level, the entire estate is valued at €800,000. It is a farm of more than 40 years. I really appreciate your help, best regards
Normally it is usually cheaper to inherit, but since you are collateral, the difference will be very little, unless there may be some regional bonus that you may qualify for.
Hello, my question is the following, I live in the Valencian Community and my great-aunt, who is a widow and has no children, is going to donate her habitual residence and garage (separately deeded) to me and I am going to live with her to take care of it, the apartment is valued according to the calculation with the cadastral receipt for 121,000 and the garage for 13,000, the question is whether it is obligatory to do it for this value (which is really worth less because the apartment is 37 years old and has not been renovated), if it is values in less quantity the costs of the donation would be reduced. Is this possible?
Thank you.
You will have to put the minimum fiscal value. They will tell you at your trusted notary.
Hello, my case is as follows, my mother is going to give me 15,000 Euros, I live in Spain but she lives in Peru. At the moment I am thinking of two methods to bring said money, in the first one she would make a transfer from her account in Peru to mine in Spain and in the second way I would open an account in my name in Peru and simply make a transfer of said account to an account also mine in Spain. Now, my questions are two... How much would you pay as donation tax when you receive that money, taking into account that I live in Castilla La Mancha? and In the second case, making a transfer between accounts that are in my name... would it be considered a donation? Should I pay something in that case? . Thanks in advance for your time.
In my opinion, the issue of money must be resolved in Peru, and once it is legally in your name, transfer it to Spain, for which you will have to meet some administrative requirement, but not pay taxes.
Good morning
I would appreciate it if you would inform me about how much tax would be paid on €15,000 that a person bequeaths to their partner with whom they are not married.
It depends on where they reside, since the tax law goes by autonomous communities.
Good morning, look, I got divorced recently and she told me that a house we have in Asturias is for me, but it is still in the name of both of us and I would like to put it in my name, its approximate value is 60,000 euros. What is a donation that interests me? , sale? how much would it cost me? All the best
Taxation will depend on various factors, which it is impossible to answer on this website. Consult a local notary public.
I am going to a refugee camp in Greece, I have opened an account in my name for my friends and family to help me raise money to buy humanitarian aid there.
These incomes in my account are considered donations and do I have to pay taxes for them in Madrid? Does this affect when making the income statement? Thank you so much!
It is a very difficult question to answer, but in my opinion you are not a beneficiary of the donations, you are a mere manager. The best thing you can do is state the purpose of the account and justify all entries and exits from it. Another way would be to create an association.
Good afternoon,
My mother in the current will leaves universal heirs to two of her six children. It includes two floors in addition to the money, leaving the other four the legitimate one. My question is: If I donated the two apartments and/or the money while I was alive, would this be included in the estate to calculate the legitimate estate?
Thank you very much and receive a cordial greeting.
It depends on several factors, especially the time between donation and death. In principle, if a period of 10 years has not elapsed between the two, the donated goods are included for the purpose of calculating the legitimate.
Good afternoon.
I am going to buy my first home (I live and buy in Andalusia). My parents are going to lend me 22,000 euros. We would like to do the paperwork to reflect it as a donation, since from what we have been informed they would make us the reduced (I am under 35 and it is my first home). I would like to know how much we would have to pay and where I should go.
Thank you so much
Ask a notary in your locality, he is the one who will best explain it to you
Regarding my previous comment. My mother will be affected by the donation for personal income tax, income or something. The money is only in her name, she makes the joint declaration with my father and she has no income
Thanks in advance
Donations of money have no significance in personal income tax.
My husband and I are 64 years old. I turn 65 in June and he in December. We live in Madrid and we have two children. In addition to the habitual residence, we are the owners of another apartment where our children live with their partners, we bought it second-hand in 2003. We want to donate this apartment to one and buy another similar one second-hand for an approximate value of €119,000 and already put it in their name. What taxes will we pay per donation? And what other taxes do you have to pay?
Thank you so much
Doña Isabel, everything you ask is at the entrance. For specific cases, ask a local notary public for your specific case.
Good afternoon, if you can help me with my doubts. I am going to buy an officially protected home, vopl, adapted for my 19-year-old son with a disability of 82% and we cannot access said purchase because a house that my parents bought years ago in a town in Cuenca appears and they put the deeds to name of my brothers and I, a total of 33% each of the house, with which my doubt is if I can donate said part of the house to my son so that I do not appear as the owner of that house and thus be able to access the purchase of said house in Madrid. My brothers and my son would remain as owners.
If we cannot do this, what would you advise us not to appear in that deed and to be able to buy the subsidized apartment?
Right now we live for rent in Madrid.
Thanks for your reply.
You can actually donate. But his case is very illustrative of what happens for not doing things correctly. The goods must be in the name of the person who pays for them.
Good morning. My father has passed away with a will in favor of his spouse and their two children. The family apartment in L'Hospitalet de Ll is named after him. cadastral value 54,207.53, a parking space and a savings account with 10,000 euros and a life policy as a beneficiary of my mother (84 years old) of 12,000.
We want to sell the parking space and for my mother to continue using the house, and all the money counts and the sale of the parking lot for her. That it is more convenient to put the apartment in your name or in the name of your children.
I would need to see the will, because I don't know if his mother is the heir to a third party or is a usufructuary. With data we can do a study, or if you want, go through the Notary and we will assist you.
good evening, I want to donate to my daughter a flat of 30,000 euros, she is 31 years old, single with a daughter
What percentage would you have to pay for the name change, we live in Valencia
Hello, my question is that if a third person wants to give up their apartment in Valencia for care and food, if the family can claim me and what they would have to pay, thanks
This is a very vague and delicate question, difficult to answer by blog
My wife and I donated to a daughter, for her First Home, the bare ownership of a flat valued at €158,000, reserving joint and successive lifetime usufruct. The usufruct was valued, taking into account the age of the youngest donor (70 years old- 19%) at €30,020, so the bare ownership is €127,980.
QUESTION: As usufructuaries we will have to declare/attribute this operation in IRPF and for how much? We did not charge anything and nothing was stipulated in the deed. If you answer my email, I would be very grateful.
Thank you for your attention and best regards. Jose Ramon Monterroso
Hello, good afternoon. I live in the Murcian City. I will try to summarize my query. There is a ground floor (warehouse) and first floor property in the name of 4 brothers (my children). One of them (29 years old) wants to prepare his house on the ground floor. Consulted the Notary, they tell us to do in a single deed: HORIZONTAL DIVISION AND AWARDS. I would like to know :
Is it the most correct or is there any other better? This Notary does not give me much confidence, in that they do not know or do not want to tell me the percentages that they would charge me for each tax in my community, referring me to make the consultation in taxes.
Is there EXTINCTION OF THE CONDOMINIUM since the ground floor would be in the name of one of them and the first floor in the name of the remaining three?
We have to pay taxes at the same time for the Horizontal Division, Extinction of Condominium and Excess Allocation, according to the Tax Agency.
Thank you for your answer.
In the absence of much data to answer, I sense that the answer you are given is correct.
Hello, good afternoon. I would like to raise the following assumption: In the event of the collection of a millionaire lottery and betting prize played through the web (in this case only the registered person can collect it, as specified by LAE), therefore the prize in the same way as having the physical ticket.
Well, based on this assumption, if the person who collects it wants to share a part of the prize with all his brothers and nephews after collecting it, which would be a donation and as such a donation, logically, the recipients should pay the donation tax. Regarding the relationship of; brothers and nephews of the donor to what percentages would amount in each case, in the case of residents in Galicia, the Basque Country and Catalonia and the residence of the person making the donation in Asturias.
Thanks and best regards.
It is a long question, which requires me to check all the laws, which exceeds the purpose of this website. In any case, the applicable law is that of the fiscal residence of the donee.
I think so, because there will have been a patrimonial alteration, which must be declared.
Sir; I am writing to you to find out if I can donate my assets to a child having two more? I would like to do it with only one child, knowing that the children are heirs, can I do it with only one child? Thank you, Regards, Atte Susana
I am writing to you to find out if I can donate a good to only one child having three children. Thank you, greetings, Susana.
already answered
Good morning,
We are a married couple who have reached the age of 80 and have lived in Switzerland for more than 40 years. We are thinking of returning to Spain permanently where we have a house in the province of Zaragoza and a small apartment in Barcelona. The house in Zaragoza is in the name of my wife and the apartment in my name. We have an only child who also lives in Switzerland.
Where it would be better to have our tax residence, in Catalonia or Aragon, taking into account that we would like to make a donation during our lifetime to our son, either in full ownership or in bare ownership.
Thanks in advance for your reply.
Greetings
If they are going to make a donation of an apartment, the fiscal residence is independent since the law of the place where the property is located will be applied.
Hello,
I want to donate a house located in the province of Barcelona to my husband, the cadastral value is 25,000 euros.
What cost does it represent in the different taxes both for me as a donor, and for my husband, the donee?
It is my property since 2001.
Thank you so much,
Lola
With the data you provide us we cannot answer you. On specific data we can do a study.
I want to make a transfer of €10,000 to my wife's checking account.
We live in Madrid, I wonder if we would have a problem with the treasury.
I think not, but a more precise answer derives from knowing other factors, such as your marriage regime.
Hello, I want to get divorced and I have paid for a flat and a place with a mortgage. I have a married son who is away from home. What options do I have since none of us can pay for our part of the flat. Selling it in these times is not a good solution either. My wife is in the I am unemployed and have no income and I work with a mileurista salary. I pay all the expenses and even the mortgage for the premises. Another question would be to know if I can give my part to my daughter and how much it would cost me. Thanks and regards
Things may depend on your marriage regime. But the best thing is that you consult your case with a local notary or with a lawyer, all the documentation is examined and they give you a proposal. Opining in this way does not make any sense.
I bought a house with my ex in 2005, with money from the sale of another that we bought in 1998. In 2010 we separated and I kept the house and the 30-year mortgage. In 2013 I remarried, and since 2012 my current wife has collaborated in the payment of that mortgage bill. I would like to know what is the cheapest way to include it in the deeds. I have 2 children from my previous marriage and 1 from the current one. Only the little one lives with us.
The solution may be different depending on your marriage regime. If you are married in community property, it could most likely be done without fiscal cost, in another case, we would have to go through donations or "purchases". Make a consultation with your local notary, or if you want, contact us and based on specific data, a study can be carried out.
Hello, in 1986 I inherited a house from my parents that I demolished and built a four-unit building, which I finished in 1996, the year in which I made the deed of declaration of new construction and horizontal division. In 2015 I donated two of the houses to two of my children, who constitute their habitual residence. In the 2016 personal income tax return, I have to compute the increase in wealth that the two donations represent. What would the acquisition date be, 1986 or 1996?
In my opinion, both will have a value for 1986, which will be that of the land, and some improvements to 1996. In the income statement program, the corresponding boxes will appear.
Hello. I want to buy a house in Madrid and put it in the name of my 22 and 23 year old daughters, still students, they don't work. I need financing and I don't know if it would be better to mortgage the house that we are going to buy and that will be deeded in the name of the girls, or mortgage my current house and donate to my daughters the money they need to buy the apartment with that donation and put it in their name Of the two. What is more interesting fiscally?
Another question: once they have the apartment in their name, will they already have to file the income statement? How much can that heritage tax them? Do I have to assume that we will no longer be able to deduct your father and I for them in our respective statements? Thank you so much
These are issues that cannot be answered in this way, which, as I have said, is not an office. Go to a notary in Madrid, and they will surely inform you correctly. But by way of advice I would say "things in the name of who pays for them". I don't know the reasons for putting the house in the name of the daughters, but unless there is some very important reason, I personally would not do it.
Hello, my wife is the owner of 100% of the apartment where we live in Madrid (we have both been registered in Madrid for more than 5 years), which is free of charges and wants to buy another apartment where we will move. Me, her husband, I want to donate 100k for the purchase of the new apartment that will be 100% in her name and in return she will donate me the 50% of the old apartment that we want to rent in the future. what is the best way to proceed? sign two donations? one for my donation of 100k to her and another for her part to me for the 50% of the old apartment?
Raise your case to a Madrid Notary, who will surely assist you very gladly. This page is not a clinic.
Good morning.
During 2011 I combined my savings (deposits) in the bank into one for a total of 143,000 euros. In addition, I added to the latter the savings of 28,000 euros from my parents, the 3 appearing as co-owners in it. I keep the extracts of movements. In the bank withholding certificates of the following years, the 3 of us appeared as holders in equal parts, which is normal.
But In 2014 I canceled the deposit, returning the 28,000 euros to my parents to their account and returning to leave my 143,000 in a new deposit, figuring myself as the sole owner (I put my parents as associates). Therefore, this year I am the only holder in the withholdings.
I have always been unaware of the tax consequences of co-ownership. Now is when I am understanding that it can be interpreted that he would have incurred in donation at the time, even without intending it, it may be punishable. I have not yet received a tax notification, but if it did arrive, for how long could I at least give you the amount of a possible penalty? Thank you. I live in the Canary Islands and I am 40 years old.
Hello, I own a house and a warehouse, I want to mortgage these properties to expand with another house and reform the existing one, all this is for my daughters, my question is the following, that it is more beneficial to leave everything as it is and make a mortgage in my name even if they pay the fee, and they when they want to make a declaration of new construction and horizontal division, and register each floor separately, or make a donation to 50% at two, now and that's how everything goes to their name, I live in Valencia that the donation is exempt, right? that it is better economically and fiscally, I inform you that I have just passed the assets through the registry since I have bought her part from my sister, I say this because of the municipal capital gains! Thank you, and if I build and leave it as it is, everything in my name and when my daughters inherit they will settle with the deeds...here they have advised me to make a donation since it is exempt, what do you think? Thank you
The most beneficial thing, in my opinion, is to adjust to the economic reality, that things are specified in the name of who pays for it. Apart from this advice, without seeing documentation it would be audacity to comment.
How much would it cost me in donation tax to donate €10 to my son?
I have already verified how the administration sanctions and there is no appeal that is worth it, for this reason I ask the previous question. So far no one has been able to answer me
It's not that no one knows the answer, it's that perhaps your question is very vague. Regarding the cost of the donation, it depends on the applicable law. In Catalonia it would be a 5%
The apartment where I live was bought for my boyfriend paying almost the entire amount but it was put in the name of my in-laws due to bad advice instead of putting it in my boyfriend's name since he was the one who was going to live here. Now we have a 9-month-old baby, and we would like the apartment to be put in my boyfriend's name so that legally if something happens, the apartment corresponds to my son. We live in Castellón capital and my in-laws have community property, for what it's worth. The apartment is about 70 m2. What steps would have to be followed to get it put in your name as cheaply as possible. Since my mother-in-law says that it costs a lot of money, she does not want to change it. If you could inform me... we are not married or anything
My father-in-law inherited a house and apartment valued at €13,000 from his married brother without children, but my father-in-law has passed away, do his children inherit? Are we in Andalusia? How much will we spend in taxes?
Ask at a notary in Andalusia. Many factors influence the tax, which means that giving an opinion can generate error. Anyway for 13,000 it won't be much.
hello,
My husband and I are unemployed and we have a flat in Madrid valued at 500,000 euros. I bought it for 42 million pesetas, equivalent to 250,000 euros. It is my habitual residence, but I want to donate it to my daughter since it is very expensive for me. How much would it cost to do those procedures? since I don't have money and my daughter is still in college.
thank you so much
The donation in Madrid between parents and children is very subsidized, almost exempt. What you should watch the most is the cost of capital gains, and regarding this my advice is to wait as there may be news in the form of sentences.
Hello:
I would like to donate part of my estate to my three children, but I want to give them only the bare ownership and reserve the usufruct for myself.
What taxes would we have to settle, both me and the children?
Greetings
octavio
It will depend on what where, where is what you donate and the residence of you and your children. Without the set of all these factors it is impossible to say more than what the entry says.
The donation consists of a developable land located in Galicia, we all also reside in Galicia. One of my sons has a 65% handicap.
Thank you for your quick answer.
I answer the same. All taxes are explained on the blog: donations, municipal capital gains and personal income tax. The amounts depend on several factors, including current value, cadastral value, acquisition value,... It is best to ask at a local notary.
First of all, congratulations for the blog! In the case of a donation (parking space with a market price of €12,000-15,000) from grandfather to grandson, in Catalonia; best buy-sell? Could someone give an indicative cost of the operation? Thank you so much!
First of all, the donation-purchase option does not exist as such. If you buy, you must justify the price and if you donate, the donor receives nothing. That being said fiscally, in your situation the donation will be cheaper. A type of 5%, compared to the 10% of the sale. In any case, this is not a tax consultation that can only be done through the analysis of all the factors that influence taxation.
Hello, congratulations for your blog. I wanted to know the steps to follow. My parents want to donate about 50,000 euros to the Madrid community. First, I would have to pay the tax or after making the bank transfer, pay the tax to the Madrid community. Thank you. greeting
I leave you the reference. But first of all consult with a Madrid Notary, as there is a period between the donation and the liquidation of the tax. That is, first it is donated, in a public document, and then it is paid, with a bonus of 99%. And resource this is not an opinion.
2. Bonus in inter vivos acquisitions:
1. In acquisitions inter vivos, taxpayers included in groups I and II of kinship of those provided for in article 20.2.a) of Law 29/1987, of December 18, on Inheritance and Gift Tax, will apply a bonus of 99 per 100 in the tax quota derived from them. It will be a necessary requirement for the application of this bonus that the donation be formalized in a public document.
2. When the donation is in cash or in any of the goods or rights contemplated in article 12 of Law 19/1991, of June 6, on Wealth Tax, the bonus will only be applicable when the origin of the funds donated is duly justified, provided that, in addition, the origin of said funds has been stated in the public document in which the transfer is formalized.
good morning.
We are 4 brothers and we have a house in a town in Segovia (the 4 of us live in Vitoria), the cadastral value is 16,500 euros.
We want to make a donation for one of the brothers in this house. (My mother died 16 years ago and we have not opened the will, I only owned this house because the rest was in our name, including bank accounts), it is the only thing left to distribute.
I would like to know what we have to pay to know if we are interested in doing it.
all the best
This page is not an office for specific cases. The taxes that you will have to pay are what appear at the entrance. Its amount depends on some factors that I do not know. Go to a local notary.
hello.
If my mother donates me the house where I usually live in Barcelona, the 5% is that (unfair to me) on what basis is it? where is it seen?
Thanks in advance
good morning,
My husband is going to receive a living inheritance, a house from his mother (private property) located in EL ESPINAR (Segovia). Are they all registered in Seville? What costs does this imply? donation in life, taxes which are those established by Segovia or by Seville? Would it be worth registering my husband in Madrid, to benefit from the tax rate? How this inheritance affects life, in our family economy (communal assets). Let's assume that the house currently has a value of 200,000 euros. Thank you
There are many questions. And really this blog is not intended to be a consulting room, just a wake-up call for proper advice. Check with a notary in your locality and you will be sure that they will inform you correctly.
Good morning. I have a question that I can't solve. My case is that a friend wants to make me a donation of a large amount, 1 million euros. He lives in Madrid, I in Andalusia and I have no pre-existing assets.
From what I have understood, the taxable base is the total amount donated, and since it is so large, the highest percentage would be applied, I think 36% in Andalusia, and the result would have to be multiplied by the multiplier coefficient of 2, since it is not a family... That Would it entail paying almost 700,000 euros as a tax? I don't know if I'm doing the math right, but paying almost 70% of what was donated to the State seems like a lot to me... I would appreciate your help. All the best
Well that's where things go. The only caveat is that the rate is progressive, and since it goes by sections, the average rate will have to be calculated, that is, it will not be a 34%
Hello good afternoon, my question is:
Can you make a living donation of a home without having any parental or family relationship?
Yes you can, but the expenses will be higher.
Good morning. My parents want to make me a living donation of 50,000 euros. They live in Badajoz and I in Madrid, from what I have read about the donation tax that we have to accept is that of the Community of Madrid because the person who receives the money (I) resides there.
If I'm wrong please let me know.
Could you tell me approximately how much the donation tax would be for the 50,000 in Madrid? You have to calculate the taxable and payable base and apply the multiplying coefficient, but I have no idea how. I know it depends on whether there have been other donations (not in my case) and other things... but I would like to have an idea of an approximate amount. If you could help me I would appreciate it. All the best
In Madrid, the gift tax between parents and children is very subsidized, and is almost non-existent. You must make the donation in a public deed, so it is best to deal with the NOTary who makes the document. It is NOT necessary for the donation to be made at a notary in Madrid.
Good morning.
My parents (residents in Aragon) have sold an apartment and want to give their 2 daughters and 4 grandchildren a few amounts.
To me, a resident of Catalonia, €40,000 and €6,000 to each of my 3 children.
To my sister, a resident of Aragon, €40,000 and €6,000 to her only daughter.
What amounts per donation would we have to pay in my case? (I think it is different from my sister's, who lives in Aragón). In the case of my children, would it be better if they gave me their amounts and then I gave them to them?
In the case of vehicle as a loan from parents to children, what conditions must be met? (interest payments, expected repayment term...)
Thank you very much in advance.
The answer is very long. Only two things, tax jurisdiction derives from the residence of the donee. In Catalonia, the descendants pay 5%, conditional on making the donation in a public deed. The loan option will depend on whether they intend to repay the amount. I advise adjusting to the reality of the operation.
Thank you for your information.
Greetings.
Good morning:
Three years ago I signed a contract with my daughter, lending her 80,000 euros in order to settle the mortgage on her home with the bank and pay me a monthly payment until the debt is canceled without interest. We brought this agreement to the attention of the Treasury with Mod.600 and a copy of the contract.
Until today, he has been transferring the monthly payments to my current account without any problem. He has been unemployed for six months and I don't know if in the future, if he runs out of unemployment benefits, he will be able to continue paying.
My question is: In that case, can we present a claim to the Treasury to temporarily interrupt the payment until my daughter has income again?
Thank you very much from Seville for your attention.
A sister of mine wants to donate the 25 % of her house to my daughter who is going through a divorce. The cadastral value (1995) of the entire house is 57,800 euros. The house is in Córdoba, capital.
how much would the donation cost? Would it affect marital property?
Thanks a lot
Ask a local notary
Good afternoon
My wife wants to donate a commercial ground floor that is under the house where I live, the approximate value is 65,000 euros, we would like to know what taxes we would have to pay, as an autonomous community (Murcia), town hall or any other, and in the income statement, both her and me.
Our regime is separation of assets.
Thanks a lot
With these data it is impossible to answer. It all depends on the values. For the rest, you have an orientation at the entrance itself.
ANTONIO: somos matrimonio residentes en Barcelona,en regimen de gananaciales.Mi pregunta es la siguiente:tenemos un piso arrendado y yo 70 años ,mi mujer 65,pretendo donarle mi 50 %.El valor catastral es 60.000 euros.He leido que se tributa al 5%.Cual seria la base imponible? tiene alguna reduccion?La plusvalia ya la consultare en ayuntamiento.Esa formula de multiplicar por 2,10 el valor catastral es el precio real que Hacienda daria por bueno?.Supongo que se cotiza,lo correspondiente al 50%del valor real de la vivienda.gracias
Hi, my husband wants to give me a house and two parking spaces in Tenerife. What taxes do I have to pay?
Consult a Tenerife notary.
Hello, my question is the following: They give me a rustic piece of land with 7 olive trees in exchange for me paying the costs of change of ownership (deeds, registration, etc...) What would be better for us, sale or donation? The land is approximately 850 square meters. How much money would it cost me?
I would need to know more information. Make an appointment.
Hello, good afternoon. I live in Guadalajara, Jalisco, in Mexico. My ex-husband and I have a house in both of our names. He wants to donate his part to me. I would like to know what is cheaper: a donation or a succession of assets. My house in the predial says that it has a cost of $529800, I am an elderly person, could you help me by giving me an approximate cost of the procedure.
IT IS BEST TO ASK A MEXICAN NOTARY.
Good morning, my mother would like to make me a donation of 120,000 euros, I have more siblings but my mother wants to make this donation while I'm only alive, what expenses would it entail for both parties?
What if she makes me co-owner of her bank account and I make a transfer from her account to one of mine that she is not the owner of?
I live in La Rioja.
Thank you.
everything has been answered at the entrance. If it is money, you will only have to pay donation tax, in accordance with the tax regulations of the recipient's residence.
Good night. My wife has obtained an income from the sale of an apartment that her mother once left her in equal parts between the 3 brothers who are.
Our intention is to place these monies in a joint account that we have.
The Bank tells me that all the money belongs to my wife, so I cannot have it in a joint account because the Treasury considers it a donation and we will have to pay taxes for it. We are married in Catalonia under a separate property regime.
We also want to pass part of this money to our son and the bank also tells us that it is not possible. Can you please advise me on this matter. Thank you so much
Everything can depend on the amounts and the practice of each financial institution. In principle, what they tell you is correct, but it is also true, that there is usually no problem, as far as I know, to put another person as joint owner in a checking account or to transfer money to a child's account, well not always it has to be a donation.
very good. I have an acquaintance (very distant relative) who wants to put his house in my name in Seville, could you give me a summary of everything that I should pay as a donee?
I have read the previous text several times but before reaching a result I get lost.
Thank you very much in advance
The donation tax depends on each autonomous community, and its amount on the value of the apartment. Without documentation (previous deeds, cadastral values...) it is impossible to make an estimate.
Add to the above that the cadastral value of the house is 58,000 and the minimum value of that property according to the Tax Agency is 133,000.
My father has half of a house (50%) and he wants to donate it to me. The value of the house is around €16,000 and I am disabled and receive a Social Security pension. How much can the deed and taxes cost? Could they take away my pension if I accept it? Would I have to make a tax return?
It is essential to know the place where the property is located, the acquisition value and the cadastral value. Anyway this page is not a clinic. Consult a local notary, who will be the best adviser, or in view of documentation that you cannot send, a study can be carried out. THANK YOU SO MUCH FOR FOLLOWING US
Hello, I am going to donate 26,000 euros to my ex-husband (already divorced) and I would like to know how it will affect me in next year's income tax return.
I understand that he pays inheritance and gift tax in Catalonia but I don't know how it will affect me.
thank you
if it is money there will be no consequence
Hello, good morning, we have 4 parts of an apartment that consists of 5 parts of an already accepted inheritance, we could make a donation of the 4 parts since the fifth is informed but does not show signs of life or wants to know anything about that inheritance but no we can sell so we have decided to donate can we? Thank you
Yeah. The only thing they can't do is do anything about that fifth part.
Good afternoon, we are four brothers. My parents transferred a flat in Extremadura to my brother through a sale and the Treasury sanctioned them saying that it was a donation. This brother wants to donate this apartment to the other three and he wants to stop owning it for other reasons. He has gone to the notary and told him that the donation between brothers was not possible. My brother has suggested that he donate it to my mother and she to us. The notary tells him that in principle there would be no problem. Only that we would have to pay two notaries and two registrations but it would be better for us since the tax is 1%. Can you give me your opinion on my query? Thank you so much.
Good morning,
What rates do I have to pay for a flat that my father has left me as an inheritance?
I live outside of Spain and my mother died in Toledo and the apartment is in Toledo.
I want to know what rates, taxes, etc... I have to pay to put my name on it. And if once put in my name I can sell it???
It depends on many factors, such as the value of the apartment and your fiscal residence, that is, you are or are not a community resident. If you want, we can carry out a study in view of the documentation that we request.
Hello, good afternoon, my husband and his two brothers are going to inherit a house from his mother, who, in addition, has a mortgage, lived with her partner and has left her a third of the house in usufruct for life. . Does this person have to pay part of the capital gains, even if they are not your spouse? And if the house has a mortgage, do you not have to pay part of it? Thank you.
The answer may depend on applicable law. But in principle, I believe that those expenses that you tell me do not correspond to you, although the logical thing to do would be to apportion them and reach an agreement among all of us.
Hello, thanks in advance. My parents bought a house that they put in my brother's name because that way they got some benefits for buying a house for young people. Now my parents have passed away and between my brother and I we want to know what is the best solution and with the lowest cost to regularize that the house belongs to both at 50%: donation, purchase or sale of the apartment by my brother only and then profit sharing? Thank you.
The house is in Valencia.
Good morning. My question is about the donation of money between brothers in Castilla y León. It is about 50,000 euros that a brother wants to give to another who has financial problems. How much tax would the donee have to pay? Thank you.
This page is not a tax office. If you want us to do a study, we would ask you for documentation and after examining it you would get a response.
All the best
Good afternoon.
I would like to know if there is currently a bonus for the donation tax in the Community of Castilla La Mancha.
Thanks and regards.
Hello, my husband and I are from Biscay. We have been married for 11 years. During this course, my husband inherited his father's share and the inheritance expenses have been paid between the two of us. We are in joint property, I have the right to that inheritance or my husband would have to donate it to the marriage
As such you have no right to your husband's estate. Another thing is that your husband has a debt with the community of property. This situation can be regularized at any time. In any case, this answer is not an opinion, what you must do is present your case to a professional who will assist you, either us or whoever you want.
Good morning, my mother lives in a residence for the elderly, she wants to sell the apartment she has and divide the money between my sister and me, how should we act to pay less to the treasury or what is cheaper to declare it; That money would also go to pay off the mortgages on our respective homes, my sister's and mine.
Please advise me, thank you.
Without seeing documentation, an opinion cannot be given, since the costs depend on a plurality of factors that I do not know. We can make a study in view of the documentation that we request. All the best
Hello, good morning, I have a question. I am divorced and we are going to sell the apartment, my daughters do not live in it and I want to donate 50℅ from me. I don't know how I should do it and in what way I am most interested, when it comes to paying taxes, both myself and my daughters. Thank you
They are NOT questions to answer in a chat, nor is it the purpose of this page. In any case, an answer requires knowing enough data, which I do not know. If you want a well-founded answer, we can carry out a study based on the information we request.
My mother has a house in Madrid in her name that she gives to my wife and me (donation), the fact is that we want to sell that house to go to a newer one.
What is better to do, donate the house in our name and once this is done, look for a buyer or for my mother to sell the house and donate the money to us? It would be around 80,000 euros.
A correct answer requires knowing data that I do not know, if you want, in view of the documentation that we request, we can do a study.
Hello:
My question is: My wife has an inherited house in her name (25%), her sister (25%) and her mother (50%). Could her mother and sister make a donation on her behalf? How much would it cost?
There is no problem. The cost depends on several factors, among other things the value.
Good afternoon. Which is more advisable, to donate money to a son to buy a piece of land, or to buy the piece of land and donate it to him, it is to build his house. Thank you.
The house inherited from my grandparents currently belongs to my mother and my uncle. The house is located in Barcelona city (22@) and has an approximate value of €200,000-250,000. My uncle sells me his half for €100,000 and my mother is willing to make a living donation of the other half. I would like to know how best to proceed: that my mother donate her half to me (I am 30 years old) and then do a community dissolution with my uncle?
I need a mortgage of 80% appraisal value to pay my uncle and carry out reforms.
Greetings and thanks.
The best thing is always to adjust to the reality of economic movements. You must also take into account that if there is no consideration there will always be a donation. The option that you propose may be reasonable, but without seeing any type of documentation I should not give an opinion. If you want more well-founded information, we can make a report based on the documentation that we request.
We want to donate to our children of 39 and 36 years respectively two houses located in Andalusia with a cadastral value of €76,000 one and the other of €80,000.
We wanted to know what approximate cost we would have to pay for the donation tax in Andalusia where we live
The best thing to do is check with the place where they intend to do the deed. Go to the Notary with confidence and explain your doubts.
I own a house in Catalonia in the Vendrell region. I would like to pass this on to my only daughter. Its cadastral value is 107,000 euros
I have dual nationality: French and Spanish. She born in France is totally French.
I would like to know if it is better to sell it or make a donation. What would be the tax to pay?
Thanks for the reply
The option does not exist. If there is no money price, it will be a donation, and if there is, it will be a sale. Today the means of payment must be justified, but it is also preferable to adjust to reality. That said, a donation will also normally be cheaper, if, as it tells us, it is applicable to Catalan taxation.
Good afternoon
I have a house in the province of Barcelona that I share with my sister, half is hers and the other half belongs to my husband and me.
My sister wants to get rid of her half and we are considering a donation or sale. The house would become the property of my husband and me.
Which of the two options interests us both the most?
My brother is the registered owner of an urban property although the house, in fact, belongs to my parents. We are 5 brothers and we propose the option of donating a pro-individual part to each brother, four parts, reserving another part so that all of us -the five- appear as owners. Is it possible to make each of these donations in different periods to each of the brothers? (Due to the financial unavailability of some for tax purposes) The part that he reserves, I understand, would not be subject to a tax on donations, since he is the registered owner, is that correct? Thank you so much.
There is no problem in doing it at different times. And indeed his brother's part is not taxed, because there is no transmission.
In view of the documentation, we can carry out a study, because this page is not an office. That said, the donation or sale option will depend on whether there is a price, and if there is a price, it must be justified.
Thank you so much. Grateful.
Marian Romero
Good morning, my husband has the 33% of a house in a coastal municipality in Andalusia, it is an old house whose cadastral value was 11,457.92 euros in 2005, surely it is more now but his brothers refuse to give him an updated ibi receipt. My husband has tried to sell it but his brothers have set a high price and no one wants to buy it, now he wants to donate it to a sister of his who does not have any percentage of participation in said house, how much would he have to pay in municipal capital gains and what other taxes.
Thanks for your advice
http://www.notarialuisprados.com
It is best to ask where you are going to do the writing. In any notary you can obtain the CADASTRAL VALUE.
Good afternoon. The issue is as follows: I have a half apartment with my mother who has the 50% and my brother the 25%. I have the other 25%. I have the option of donating it to him in which case the valuation is 8,103.00 euros or selling it to him for 1,000.00 euros ( the apartment was bought in year 2 by the Galician Housing and Land Institute for 2,500.00 euros in total ) . Oddly enough, they are real values. For the purposes of Donations or ITP it is almost the same for my brother because he pays a little more in Donations if I am not mistaken but in IRPF it affects me much more because in a donation the official value, and therefore for sale, is one of those 8,103.00 euros, which implies a capital gain of 7,000.00 euros, when I do not see a penny, as it is a donation but if I sell it for a thousand euros there would be no capital gain. Given these two circumstances, which one seems more convenient for my case? And will the Treasury accept a sale amount of 1,000.00 euros?, although in this case it is pure and hard reality. Thank you very much in advance for your professional advice.
As I have been saying repeatedly, this website is not an office for specific cases. You really know what is most favorable to you, and what you are asking me for is an opinion on the possible action of a third party, the Treasury. I wish I could know, but I really don't know what to do.
all the best
Hello, I would like to know if I can receive a donation of a property, I am not a daughter or a direct relative, the lady is notarizing in my name and after two months that she is doing the notarization, the notary tells us that I, the one who receives the property, must pay the tax administration a high amount there is now a tax for receiving assets I must pay it I do not have that amount Is there any way that I can receive that asset without paying that amount I do not have any assets in my name
Hello, I would like to make a donation of €45,000 to my son, could you tell me how much the donation tax would rise, I live in Barcelona, Thank you
It depends on where your son is a tax resident, but if it were Catalonia, a 5% of 45,000 euros.
We live in the Basque Country. My mother-in-law has recently passed away and as an inheritance she leaves the farmhouse to my husband and some land, and her other two land children, we have not yet accepted the inheritance. My husband's intention is to donate the farmhouse to his sister, what percentages would we be talking about in this donation? Would there be another cheaper way to do this process for example sale?
The Basque Country has its own tax regulations that should be studied in order to answer it. The best thing is to go to a notary and they will explain everything to you in the best way.
We want to donate a home to our son in San Fulgencio (Alicante) The appraisal value according to this year's IBI receipt is €28,440. Could you indicate more or less what the donation would cost us. Thank you so much .
Ask an Alicante Notary
Hello, I bought an apartment in 2002 (Balearic Islands) for €100,000, due to a decision I put half in my mother's name, although I pay the mortgage. Now we want to transfer said half to my name. What is the most economical way?
How much are the taxes on this 50%?
Ps: It's all in a friendly way, there are no family problems, etc.
-inheritance
-donation
-sale
-testament, etc.
Hello, a case in which the spouses want to donate to each other the 50% of their private real estate and to save the costs of the donation, they contribute their private real estate to the community of community property, then they divorce and remarry in community property, agreeing to contribute all their assets to the common assets of the new community of community property. My question is whether it is treated as a simulation or a legal fraud.
Hello, my husband and his two brothers have a garage with a warehouse in equal parts that they inherited, how much would it cost to donate it to one of them and who would bear the costs. It is in a town in Valladolid. Thank you so much
Ask at a local notary.
It is not me to say if there is fraud of law.
Inheritance is usually the cheapest, but of course it depends on the entire inheritance. I believe that the best thing would surely be a dissolution of the community.
Hello good. My parents are going to donate €25,000 to me. When notarizing the donation before a notary, I am entitled to a tax rebate to be paid. The point is that I don't know the percentage of that bonus. If the 5% of €25,000 is €1,250, what amount would have to be paid finally if we apply the bonus? Thank you.
I live in barcelona
I don't know what bonus you are talking about and on the other hand we should know the applicable tax law, since it depends on the CC AA.
Good afternoon.
My brother and I have a house at 50% each inherited from our mother. Now my brother is going to donate his 50% to me. In the Canary Islands, inheritance and gift tax is subsidized, but it also includes donations between siblings. I can't find that data.
Ask a Canary Islands Notary, who will be more familiar with the tax regulations there.
Good night.
My mother wants to donate her apartment in Andalusia while she is alive for my 18-year-old daughter when she dies. I would like to know what would have to be paid for the donation and what procedures must be followed.
Thank you so much.
Ask a local notary. They are regional taxes and will be more familiar.
We are a married couple between 68 and 70 years old with an only daughter and two grandchildren. We own 3 apartments, 2 paid for and another with a mortgage of 40,000 euros, which has been my daughter's habitual residence for 8 years. I would have some bonus when inheriting.
What would be more economical to donate, make a sale or inheritance.
We live in Asturias.
This page is not a tax office. Inheritance and donation taxes are regional in nature, and as you can imagine living in Catalonia, I am not very used to Asturias law. It is best to consult with a notary in your locality and they will surely inform you correctly. If you want, we can make a written report in view of the documentation that we request. All the best
Good afternoon.
I would like to ask you a question.
My mother is 80 years old and wants to donate her habitual residence to her granddaughter, who is my daughter and is 18 years old.
I understand that you have to pay two taxes because you are the donor, personal income tax (Treasury) and municipal capital gains (City Hall).
I have read that I would be exempt from paying the personal income tax rate for being over 65 years of age.
I would appreciate it if you could confirm it for me.
Many thanks in advance.
I would like to know if it is true that donating the habitual residence to the children does not pay taxes and if we can keep the usofucto because we have two more houses
We reside in Asturias.
Thank you so much.
Good morning, I'm going to buy a flat. I want to put it in the name of my partner (we are not married but we have a daughter in common). I put all the money. If it appears in the deeds, it will appear as a donation of 50%. At the fiscal level, what repercussions can it have? Is it better to put it only in my name, get married later and write the deed again?
Thank you so much
hello! I would like to know how much it would cost me if they donated a flat worth €240,000 or it would be better if they inherited it. Thank you
Basically the amount would depend on who donated it. As I have said, this page is not an office, but a warning of the need for correct advice. If you want, we can carry out a study in view of the documentation that we request. all the best
As I have said, this page is not an office, but a warning of the need for correct advice. If you want, we can carry out a study in view of the documentation that we request. all the best
As I have said, this page is not an office, but a warning of the need for correct advice. If you want, we can carry out a study in view of the documentation that we request. all the best
As I have said, this page is not an office, but a warning of the need for correct advice. If you want, we can carry out a study in view of the documentation that we request. all the best
Hello, my parents donated a house to my sisters and me in 1994, there are three of us, which we do not enjoy using because my parents have lived until 2015. When my mother dies, my father lives with me and we want to sell the house, do we have to pay capital gains? If it was a donation and at the time they would pay for it, and since we did not live in the house. Thank you
Good night. My godfather (we are not family, he is a friend of my father) wants to give me €180,000. The tax that should be paid would be very high, right? I'm from Andalusia Thank you
Ask at a notary in Andalusia, or if you want to see the documentation we can make a report, but yours is not a question to answer on the web.
Good morning, my parents want to give me 30,000 as they already did with my older brother 3 years ago, at that time he simply went to the notary to verify it, and transferred it from his account to my brother's (without any expense for the notary), the notary told him that for donations of less than 30,000 euros he did not have to pay anything per donation. Is this still like this?
Thanks for your reply
It depends on the applicable tax law, which depends on the residence of the donee. In some places it may be true what you tell me. Regarding the zero cost of a Notary, I do not think it is so, because the tax discounts on donations are closely linked to the fact that the donation is made in writing.
I'm afraid they will have to pay capital gains.
hello, good morning, a friend wants me to make a donation for the value of 120,000 e, what approximate tax should I pay.
Thank you very much and excuse me
It depends on the applicable tax law.
Good morning,
Ten years ago my father transferred money to my account. My brother claims it now.
– Can you sue me for not paying property and real estate tax?
– Is he entitled to a part of the money? (the amount would be 25 % more or less of my father's estate)
thank you
With these data it is impossible to answer, because I do not know in what concept your brother wants to claim you. What you should be clear about is that the legitimate ones must be paid.
Hello good morning,
5 years ago my father distributed some money between my brothers and me. They were part of his life savings.
Deposit in cash in my bank account the sum of €30,800, of which €15,000 remain after a few years in a deposit. The girl from the bank told me that since I didn't make a statement because I was a student and it was a donation, there would be no problems. They did not inform me of anything else.
I am still a student and this coming year surely if I am "lucky" I will start my working life. At that time I did not know that for a simple donation from father to son you have to pay taxes. I didn't do it… What should I do? They did not inform me of this at the bank or anywhere.
I have not refused to pay anything, but there is very little information about these things.
I hope you can tell me something. Thank you. Greetings !
most likely all taxes are prescribed.
Hello again,
Thank you very much for your answer Luis Padros,
Certainly I thought that a donation does not entail the payment of any tax. An inheritance yes, but a donation no. What a world we live in...
You tell me that has prescribed? Don't they say taxes never do?
There is certainly a lot of conflicting information on the net.
I have changed the money 2 times from the bank to obtain a little more interest, but certainly this issue, knowing it now, terrifies me.
When I start working if I am so lucky next year, will I have problems in my respective statements?
I have read of people with account blocking and tax sums…
I would appreciate your response again 😉 Greetings!
Hello good morning
I would like to know the notary fee for a donation of 300K euros in money from a father to a son, both residents of the Community of Madrid.
Thanks for your reply
I don't know very well what 300K refers to, it's millions of euros??? It is best to ask the notary where the donation is going to be made. The fee is independent of the affiliation between father and son. If you want us to make the donation, we will gladly make you a budget.
All the best
Good afternoon, I would like to know what it might cost to make a donation of a house of about 75mts and savings of €20,000 and what documentation would be needed. All of this we are talking about in the community of Madrid. If you could answer me by email, I would appreciate it.
Well, it depends who you donate to.
We are a married couple from Madrid under community property and we want to DONATE an amount of money while still alive, the result of the sale of an apartment, to our only son who is also married in community property
and with two children.
We asked:
Are we free from the donation tax?
Can we donate exclusively to our son, excluding the daughter-in-law and grandchildren?
What other taxes do you have?
What procedure to follow?
GO TO THE NOTARY AND HE WILL EXPLAIN EVERYTHING.
Good morning,
We are two sister, I have a query about inheritance and donation.
My father passed away in 2010 and my mother in 2016. I understand that a death benefit must be paid.
When my father passed away we did not pay anything due to ignorance and now it has expired. Now we want to fix my mother.
We know that I have to pay the capital gains, but the doubt comes to us in the following. I have renounced the part of my mother's inheritance (home) but I cannot reject my father's part because we did not pay the tax that was already prescribed. What I have thought of doing is a donation from me to my sister. Do I have to pay the capital gains again?
How many times do you have to pay this tax?
Thank you
Good night:
My father wants to donate various properties to my brothers and me, but not in equal parts. What is the most advantageous donation or is it better to make a partitioned will assigning each one a property or part of a property to distribute equally? How can we determine the value of each property for the purposes of the donation? Do we have to request an appraisal? Should we take the value indicated by the Community of Madrid? Thanks for your reply
Look at this page, it is not a consulting room, but a call for correct advice. If you want, we can make a report in view of the documentation that we request.
Greetings and thanks for following
HELLO GOOD EVENING! Look, my parents want to donate a house valued in the castilla la mancha cadastre for 98,000 euros. My parents bought it for 63,000 euros. Now, how much would you have to pay in taxes (inheritance tax, property registration, liquidation office)? Thank you very much for everything
THIS page is not an office but a call for correct advice.
I lent my sister 15,000 euros for a car, now she wants to pay me back. Do I have to pay for this?
I THINK YOU MAY BE QUIET
hello good. my father wants to give me a house valued at 100,000 euros, which is better to donate, inherit, make a will, buy and sell?
Good afternoon,
My father, being single, bought a flat as a sole proprietor. Later she married and had me and my brother. Unfortunately, he passed away without leaving a will, leaving my brother and me as sole heirs, who
we have full proprietary ownership of 33.3333% of the
housing, as well as 16.6667% of the bare property respectively while our mother lives, who enjoys the usufruct of
a 33.3333% of said apartment. Both my brother and I would like
make the total donation of this apartment in favor of our mother, who appears as my habitual residence
mother and my brother before the Registry of Empadronamiento. The intention of my mother,
75 years old, as the new and sole owner of the apartment, is to sell it as soon as possible and not
reinvest in any property, but live in rent. My question
is: my mother being over 65 years of age, and having been told
apartment in her habitual residence, despite not having been listed as the owner until now,
Would you have an obligation or not to pay taxes on the profit obtained by the
transmission of the house when you sell it? If the answer is yes, how much
time would have to wait, once the donation of the apartment in his favor has been made effective,
to be able to sell it being exempt from tax?
Thank you very much in advance.
A cordial greeting.
The character of habitual residence is determined by the income tax law. It would be necessary to see its regulations and check if I can take advantage of the exemption. The best thing is that they make a calculation on real data and check the different scenarios, if they have recently inherited, perhaps there is no capital gain.
HELLO GOOD MORNING A FRIEND OF MINE IS IN ANOTHER COUNTRY AND WANTS TO DONATE 50 THOUSAND EUROS TO HELP ME WITH THE MORTGAGE, HOW MUCH OF THIS AMOUNT SHOULD I PAY TAXES.
I CURRENTLY LIVE IN CATALONIA, I HAVE NO OTHER DEBTS, AND WE ARE A FAMILY OF THREE PERSONS MY WIFE, MINOR SON AND ME.
THANK YOU VERY MUCH AND EXCUSE ME
It is a very complex question to answer for a blog. If you want, you can make an appointment and we will discuss the issue in detail.
Hello, we have lived in usufruct for 8 years in an apartment owned by my in-laws, now we would like to sell that apartment to buy a first home but the apartment is not in our name, which option is the most advantageous a donation? buying and selling my in-laws? We live in Andalusia.
Thank you
The best option is always to stick to the truth. They all sell the apartment, and in their case later a donation of the money could be made
A donation between parents and children in the community of Aragon for an amount of €48,000 to buy a flat, with what percentage of the amount we would be talking about and the need for a public deed and value of said deed, thanks for your time, regards.
snows
Taxation will be exempt, most likely. The cost of writing can speak for me, but over 300 euros. In any case, this is not a professional opinion or opinion.
Hello. I live in the Basque country, my father in the Valencian community and he wants to donate me a house in a town in the province of Salamanca. Where would the donation have to be made and what percentage of tax would have to be paid? Thank you
The donation can be made wherever you want. The tax law will be that of the place where the property is located.
Hello how are you, thanks for the opportunity.
My sister sells a flat for €85,000 and she wants to distribute it among 5 siblings. We live in Seville, what taxes would we have to pay, donations, personal income tax? Greetings and thank you
I refer to the comments of the entry. Any particular question will only be answered through a professional assignment. All the best.
My parents bought an apartment that they put in the name of two of the five children but for all purposes, once they no longer live, the sale of this property would be divided into 5 equal parts, so the owners must divide and DONATE the corresponding part to the rest even if they do not appear in the purchase deeds.
In this case, what would be more propitious to make a deed in the name of the 5 or make a donation at the time of the sale?
Sincerely.
E.Ruiz
It is best to stick to reality. That said, everything will depend on the law applicable to the acts that you intend to perform. since the taxes levied on these acts are autonomous.
Good morning,
My parents (74 years old) want to make a donation of €40,000 to their only granddaughter, who is 7 years old, so that she can study in the future, for a car… We are from Barcelona. Can it be done even if she cannot dispose of the money until she is of legal age? Can your parents or guardians manage this money so that it generates some interest? And finally, how much would have to be paid for the donation, both my parents and my daughter (in their case, of course, us)?
Is it a good idea to prevent this money from passing to me and in the future later to my daughter and having to declare it twice?
Thank you so much
Judging the goodness of intentions is difficult. For the rest, the donation can be made with all the limitations they want and the taxation will be 7% over 40,000, that is, 2800 euros.
Hello, I would like to know exactly if this is the case: Once the donation has been made with the notary, in principle about 600e for the procedures, and then a 5% is passed to the Capital Gains Tax (let's suppose
about 10000 euros), my question is:
Is a xx% discounted or reduced due to disability 65%? and exists
how to pay the 10000e?
Thank you
Good afternoon, we are 7 siblings who all reside in Bizkaia and my parents have an apartment in a town in Badajoz, which is better economically speaking for us, wait for them to die and then inherit or now that they are still alive they can make us a donation and where we can find out or who can inform us about tax obligations in one case or another in the community of Extremadura, which is where the property is located. Thank you so much
Inheritance taxation in the event of death is governed by the law of the habitual residence of the deceased, and in the case of donations by the law of the place of the property (if real estate is donated). It is usually better to inherit. But making a calculation without values is impossible.
It depends on the tax regulations of each municipality.
GOOD AFTERNOON:
MY MOTHER-IN-LAW HAS A PARKING SPACE IN THE PROVINCE OF BARCELONA I USE THIS SPACE AND THEREFORE I PAY ALL THE EXPENSES, SHE WANTS TO DONATE IT TO ME, MY QUESTION IS, WHAT IS BETTER FOR THE PURPOSES OF PAYING LESS TAXES, BOTH NOTARY AND REGISTRY TAXES AND DONATIONS, THAT YOU MAKE A DONATION OR SELL IT TO ME FOR A SYMBOLIC PRICE FOR EXAMPLE 100 EUROS. THIS PZ. SHE INHERITED IT ABOUT 6 YEARS AGO AND HAD A VALUE OF 15,000 EUROS IN THE DEED OF INHERITANCE.
THANKS AND REGARDS.
HE WANTS TO DONATE IT
First of all, tell him that there are no notarial or registry taxes. The sale or donation option is not possible because today the means of payment must be justified, so we cannot say that it was paid when this is not true, and thirdly, if we put a symbolic value, it will have a value check. From there, assess the options or make an appointment.
SORRY, THE LAST SENTENCE IS AN ERROR "WANTS TO DONATE IT"
THANK YOU
Hello, I would like to know if I can donate a home with a mortgage to my 3-year-old daughter? And in the case that I can, who can carry out all the procedures for me, a manager or directly a notary?
Normally it is done by a notary. Obviously you can donate, regarding the formula, there are variables depending on the applicable legislation and what is said to happen with the debt.
Still, you should ask yourself why you want to donate. At best it is not necessary.
Hello! My question is the following: my parents have a flat, which my brother wants to keep. The cadastral value of the apartment is 100,000 euros. If my parents give it to them as a donation, in what way would they have to favor me so that we were both equal?
Or would it be my brother who would have to give me half the value?
This page is not an online office. If you want, we can make a report based on the examination of the necessary documentation.
I have an apartment in Barcelona but I am a resident of Italy and I only use it for vacations. I would like to donate it to my daughters and I would like to know the percentage of the value. This apartment was sold at a price of 70 symbolic by the town hall of 85,000 pesetas. Now it has a commercial value of 300,000 euros. My daughters are Italian, I have dual nationality, one is a resident in Barcelona, the other in Italy. Is it convenient to donate it to the daughter of Barcelona and then they will fix it between her? Or you can donate to both even though they have different residences. Before I was referring to what percentage of the current value must be paid to the state
My husband and my brother-in-law have inherited their share in the family flat (located in a town in Alicante) from their father, my mother-in-law has the usufruct and the remaining 50%. My mother-in-law's will states that when she dies her two children will inherit her share. But there is a third son to whom they only left the legitimate inheritance because my in-laws lost almost all their property for helping him. When my father-in-law passed away, we found out that he had applied for a loan in his name to help this third child, since he cannot do so because he is on all the lists of delinquents. The credit is being paid by my husband and my brother-in-law together with all the expenses of the apartment, since my mother-in-law has gone to a residence where she has to pay the entire pension. All the expenses of my mother-in-law that are not covered by the residence are paid by my husband and his brother.
Can my mother-in-law donate her part now to these 2 children who are her heirs? Is it better that we buy my mother-in-law her part of the apartment? In both cases, how would the legitimate third child look?
Thank you
They are long and complex questions to answer on the web, at the risk of misleading you, since there are essential data that I do not know. Go to a local notary public and explain all your doubts.
It's a long and complex question, which requires you to sit down and do the math. If you want, we can make a report or do the deed with us, we will do all the tax planning. All the best
Hello, my case is as follows, I am 42 years old and have a 65% disability. My parents have just inherited two apartments and they want to donate one to my sister and one to me because they cannot maintain the two floors plus the chalet where they live. I own an apartment. and I would like to know if there is any discount on the disability donation tax since my idea was for my parents to donate that apartment to me and then sell mine and go live for the other one that has an elevator. And I wouldn't have the money to pay the gift tax until I sold mine. the flats are in Asturias.
thank you.
Your query requires me to study the regulations of Asturias, with which I am not familiar. It is best to consult with a professional in your community.
If you want to donate, in the same deed of donation, to a single child three apartments that are in the autonomous communities of Madrid, Castilla-La Mancha and Andalusia.
In which Ministry of Economy and Finance and from which autonomous community does the Donation Tax have to be paid?
How is the amount corresponding to each autonomous community calculated?
I would appreciate it if you could explain it to me with a concrete example.
First of all, I have to tell you that this page is not an office. You will simply have to present a settlement in each Autonomous Community, for this reason I think that in the long run everything will be easier and cheaper if you make three deeds.
Good afternoon, I live in the Canary Islands, I would like to donate a car to my eldest son. What are the steps to follow and if I have to pay for it.
it is best to treat it with a local professional. But in essence, it is a document of donation and payment of regional taxes.
Hello, me and my little sister have inherited a percentage of 2 houses when my father died in 2009 and now my mother wants to donate us a house that still has a mortgage of 60,000 since me and my sister need liquidity for the company. After making the donation at the notary and paying the taxes. How to do later with the bank to increase capital... the mortgage loan holder is changed to our name and increase capital or through novation... It's the only doubt I have. Thanks and greetings in advance
These are very complex and delicate questions to answer in this way. Make an appointment with us or if you are not from here, with a local notary.
Hello,
We are going through serious financial difficulties and seeing the rise of aid platforms, we are thinking of publishing a "campaign" to request help through donations of €1 or something similar to be able to raise funds and pay off part of the debt so that it does not generate more expenses due to legal claims, late-payment interest... and prevent the ball from continuing to grow and making it increasingly difficult or impossible to overcome it. We have seen a platform called gofundme where we could publish the topic. The point is that we don't want any more problems than we already have and we want to make it legal and declare the donations. We are from Castilla y León and we wanted to know how to calculate the percentage that would have to be paid once we raised some money.
This page is not an online office.
Good morning.
In March 1981 my aunt bought a flat in Barcelona, she being the bare owner and her mother (my grandmother) the usufructuary. At that time my grandmother was 55 years old.
In November 2006, my aunt made me the pure and simple DONATION of her bare property, while my grandmother maintained the usufruct. At that time my grandmother was 80 years old.
The donation was tax valued at €120,600.00, for which I paid €15,281.76 to the Generalitat for Inheritance and Donation Tax and €3,953.79 to the City Council for Land Value Gains. I also paid other expenses for the Property Registry and management of the notary.
My grandmother passed away in February 2016 at the age of 89, then the 100% of the Property of the apartment passed to me.
During these years the apartment has been included in my grandmother's annual income statements, as she is a usufructuary, and the amount corresponding to the imputed income has been paid.
Since 2010 the apartment is the habitual residence of me and my family.
Questions: Do I have to make some type of notification to the Treasury? Do I have to pay any type of tax? Which one? How is it calculated?
Thank you very much for your attention.
Greetings.
The only taxation that there will be is the extinction of the usufruct of his grandmother.
Hello again,
Are we talking about a cost similar to the Donation Tax that I paid back in the day?
I'm surfing the net and my hair is getting like spikes…I'm not sleeping today.
Greetings.
Good morning.
In March 1981 my aunt bought a flat in Barcelona, she being the bare owner and her mother (my grandmother) the usufructuary. At that time my grandmother was 55 years old.
In November 2006, my aunt made me the pure and simple DONATION of her bare property, while my grandmother maintained the usufruct. At that time my grandmother was 80 years old.
The donation was tax valued at €120,600.00, for which I paid €15,281.76 to the Generalitat for Inheritance and Donation Tax and €3,953.79 to the City Council for Land Value Gains. I also paid other expenses for the Property Registry and management of the notary.
My grandmother passed away in February 2016 at the age of 89, then the 100% of the Property of the apartment passed to me.
During these years the apartment has been included in my grandmother's annual income statements, as she is a usufructuary, and the amount corresponding to the imputed income has been paid.
Since 2010 the apartment is the habitual residence of me and my family.
Questions: do I have to pay any kind of tax?, which one?, how is it calculated?
Thank you very much for your attention.
Greetings.
Good afternoon! We want to do the deeds of a flat in Madrid (28032) and put them in the name of my sister and me. The fact is that 30 years ago my uncle and my father moved a piece of land and a flat. My father never put the apartment in his name and it is still in my uncle's name. We all want to know what it costs and what is the best way to do it. According to what I have read, it seems that the best thing is for my uncle to make a donation since he is not selling it to us and he is not going to receive any money. We want to know the cost of everything to do everything well done because if my uncle dies the heirs are my cousins. My uncle is supposed to have put in the will that the apartment belongs to his brother but he wants to do things well.
Thank you
Without knowing values or seeing documentation it is impossible to answer
My in-laws can't have anything in their name and the apartment where they live is in the name of my husband... it affects us a lot both in rent and in the IBI bonus for being a large family...we want to donate the apartment to my brother-in-law but we don't know what it might cost...we are from Alicante
IT WILL DEPEND ON THE VALUE OF THE FLOOR.
Hello everyone, I have sold a farm and I want to give the €90,000 profit to my parents. I would like to know what would be the most correct and economical way to do it and how much would this operation cost in Andalusia?
Thank you so much.
Good morning
I plan to make a donation to my only daughter of a house located in the province of Tarragona for a cadastral value of 66,513.60 euros. The council multiplies this by a correction coefficient of 1.50, which results in 99,770 euros.
Can you tell me the cost of this donation?
If my parents want to donate 60,000 euros to me in Madrid, what amount do we have to pay?
This page is not an online office. If you want, in view of the documentation that we request, we can make a calculation
Hello, we are a Valencian family with three children. Without having married we have separated a few months ago.
During our life together we bought two houses, one in the name of each of the parents.
The house in my name (the mother) is paid for and rented. The house in the name of the father is VPO, there is still something to pay and it is where the mother and the three children now live. The father has returned to his parents' house and currently lives with them.
The fact is that we want to invert the name of the flats, avoiding as much as possible the costs of changing the name, since we have both paid for everything during our cohabitation.
We do not know very well how to do it since although we have been married and everything was bought during the union, there has really been no marriage registry.
Regards, and thank you very much.
Check directly with a local notary.
Hello,
I am an EU resident with full ownership of a flat in Madrid.
I want to donate the lifetime usufruct to my mother.
My question is... What taxes would be applicable to said transaction?
Thank you so much.
It may depend on your mother's residence. You will pay donation tax, but without more information I cannot tell you if it is in accordance with state or regional regulations, in the same way that there will be repercussions
In any case, this page is not an office, nor is my answer a legal opinion that can only be expressed after examining all the necessary data.
Good morning. I have a house with my ex-wife and she wants to make a donation from her 50% that she has. The cadastral value is €35,500 and I am from Andalusia. How much would it cost me to put your part in my name? thank you
This page is not an online office. Ask a local notary. all the best
I have a flat at 50% with my brother and now we want to fix it so that he can sell me his part or make a donation, we also have a place that is in my father's name but what we want to do is that I stay at 100% and my brother keeps the place leaving it to my father as an inheritance for him, and thus we will each have a property.
My question is who has to pay for the donation or the sale of the flat? because they have told me that it costs more than 3000 eu and my brother tells me that if I want his 50% of the apartment that I should pay for it. Since I benefit from the apartment, but he will keep a local 100% in inheritance and I would resign. Thanks for the reply
As I have been insisting, this page is not an online office. If you want, we can make a report based on the documentation we request.
I want to donate 50 % from a flat in Zamora to my son. If, by chance, it costs 200,000 euros, what will be the total amount of the donation and who should pay it? In a simple example, step by step.
thank you and congratulations
This page is not an online office. The amount to pay depends on the rules of the Community of Castilla León, which I am not used to, which requires me to study them. That being said, the payment of the donation tax corresponds to the donee.
I have a flat shared with my sister and my mother has the usufruct, valued at 50,000 euros. I would like to know what it would cost me to donate my part to my son
As many insist, this website is not an online office. If you want, we can make a report based on the precise documentation. In any case, that cost that you ask derives from a series of aspects that I am unaware of, such as the applicable law, so I could not even give you an approximation.
All the best
Hello, good afternoon, our parents have sold the apartment and want to distribute it among the children in the form of a donation, 76,000 euros correspond to my sister and the same to me. That we would have to pay taxes. The apartment is from Madrid and we live in Madrid
This website is not an online office. If you want we can make a report in view of the necessary documentation. All the best.
My 35-year-old son wants to buy a flat in Barcelona, where he lives, for which he needs us to give him or lend him 90,000, which would be more convenient, a legally made loan or a donation? What would be better for us? It would be the first home and the usual one for the one who would put it in his and his wife's names. It would be convenient to put in the deed of the apartment that he has received money from his parents. And most important of all how much is paid for a loan in Catalonia and how much for this donation we are over 65 years old
Good morning, a family member wants to donate a Property to me in the capital Madrid, I have two questions. The value of the land is 61o5o.29, the construction value is 21119.14 and the cadastral value is 82169.45. My question is how much do I have to pay in municipal capital gains, inheritance tax and in the Treasury with these data?
and my second question is I am married, does the donation benefit my husband for having joint assets?
This page is not an online office, and also with the data it provides us, it is insufficient to make a calculation. If you want we can make a report in view of the precise documentation. All the best
Five years ago, upon the death of our father, we were awarded the bare ownership of a series of real estate, awarding my mother life usufruct of them. In their day, the corresponding inheritance and capital gains taxes were already paid. Currently, my mother wants to donate said usufruct to us conditionally, so that we have full ownership of them.
What taxes would we have to pay, both my mother and us, taking into account that we live in Andalusia?
As I have been saying, this page is not an online office. If you want we can make a report in view of the precise documentation.
Good night,
My grandmother has two children and she wants the house where she and her daughter live to be her daughter's. A few years ago when my grandfather died, his share passed equally to my grandmother, my uncle and my mother; so that currently in the deed it appears that a 66'6% belongs to my grandmother and the rest halfway between my uncle and my mother.
My grandmother wants her share to belong to my mother while she is alive and for her son to donate his share to his sister as well.
If everyone agrees, is it possible to make this change now while my grandmother is still alive or is it mandatory that my grandmother leave my uncle the legitimate inheritance part and that after her death he donates half to his sister?
The house has an approximate value of 100,000 euros.
What would it cost for my uncle to donate his current 16'5% to his sister and for my grandmother to do the same with her 66%?
We live in Madrid.
Thank you very much for your reply.
Consult it with a Madrid Notary. Parent-child donations are virtually exempt. Between siblings is something else. Determining the cost forces me to analyze and study it, if you want we can make a report, but it would be paid.
I intend to donate or sell to my wife a 50% from an unusual house in Almería for a value of around €28,000. What would be more important to me. We are in a regime of separation of assets.
Thank you.
You must take into account that nowadays the means of payment must be justified. So, if you are not going to receive anything, you will have to make a donation
Good morning,
My question is about the reductions, my parents are going to donate a piece of land to me (€60,000 cadastral value CO 1.5) which is going to be used for the construction of my habitual residence. I am under 35 years of age.
My question is: Am I entitled to any reduction when paying the Donation Tax?
I thank you in advance for your answer.
I forgot the land is located in the community of Catalonia
Thank you very much for this fantastic post.
Please, I would really appreciate it if you could answer my question. My parents have donated a house to my brother and me at 50% in the community of Madrid, next year they have to declare the donation. Right now we don't work any. Would we have to declare the donation and make the respective income statements? Or does it only have to be done by the donor? Thanks a lot!
What I am able to understand is why these questions arise after having signed. The Notary goes to have them explain and then sign. That being said, the declaration of income for the donation only has to be made by the donor.
My brother and I are co-owners of an apartment valued at €140,000 from an inheritance. I want to donate my share, valued at €70,000. How much do I have to pay in taxes, capital gains, income tax, etc?
Good morning, my father-in-law wants to buy a house and donate it or put it in the name of my daughter, in the community of Murcia. I would like to know what repercussions it could have, and if it would affect us at the declaration level, since he is a minor
I remember that this page is not an office. If you are interested, we can carry out a study in view of the precise documentation.
Good morning, my mother-in-law plans to donate 35,000e to my wife. The transfer would be made to a checking account that we have jointly. Could we use this money to repay a mortgage that we have on our apartment at 50%? Or would we have to make the donation in the name of both? If so, can it be done in a single public deed?
Thank you.
This blog is not a consulting room, your question is too generic to answer at the risk of misleading you. The first thing we must know is what law governs this donation, since the tax is ceded to the autonomous communities. For the rest it can be done in a public deed.
I live in Malaga, I have a flat and I would like to donate it to my son, what could it cost? The value can be €50,000 and has a cadastral value of €34,600 (even if it is approximate) thanks
I remember that this page is not an online office. At the entrance you can see the taxation that you would have, donation tax, municipal capital gains and repercussions on personal income tax. The exact amount depends on variables that you do not provide me, since not only the current value of the farm influences, but also the date and acquisition, the cadastral value of the land, the municipality where the farm is located... If you wish, we can make a report in view of the precise documentation. All the best.
Hello, my widowed father wants to make me a living donation of the family home but I also have a brother.
Is it possible that you donate it to me? What would I have to pay my brother? Would I have to pay anything to my father for the donation? who estimates the price of housing?
Thank you so much
This page is not an online office, but a call for correct advice. With the data you give me it is impossible to answer. You can only tell him that something will have to pay for the donation and that the value is determined by you, as long as it adjusts to a real value.
Okay! I will contact you by phone. Thank you so much!
I want to buy a flat and put it in my name and my daughter's, it is possible she is 40 years old. She works fiscally as it works.
Power can be done, but another thing is its convenience.
Good afternoon, my mother passed away 6 months ago, and she left us an apartment as an inheritance. The apartment is at 50% between my aunt and my mother, now we want to sell the apartment and the money is everything for my brother and me, since my aunt decided so at the time. What taxes should we pay, and above all, how can we do it so that it does not have an economic impact on her (we do not want her to have to pay any taxes)
thanks
They are queries that exceed the purpose of this website. Based on the analysis of the specific situation we can make a report. If you wish, we will ask you for documentation to do so.
Hello. I am the owner together with my sister, at 50% of two inherited land, one of them with a house. Both in Barcelona. I would like to know the types of taxes that I have to pay to make the partition. Thank you so much
Opining outside of a specific case and in view of the necessary documentation is very delicate, at the risk of being able to mislead you. In principle, the AJD tax will have to be paid, but I insist that this is not an opinion or professional opinion, which can only be issued after examining all the necessary background information.
Good morning. My question is the following. My grandmother wants to put the house she is buying now in my name. The deeds are made on December 10. I am inherited with my mother and my two uncles and we are all universal heirs. Let's say that I take the part of a deceased uncle minus the legitimate part that is for his children. Everyone has a house already awarded except me, which would be the one we are buying now. Since he only wants to leave me the apartment, we had thought of a donation or a sale with a symbolic price. We thought of putting my name directly to avoid problems in the future, but the deposit was already put in my grandmother's name. What would be the cheapest and legal? What is there to pay? How can it be transferred to my name? The idea was to avoid paying so much money tomorrow since I don't have a high income. Besides, she would live with me. The apartment in question is in Bellvitge and I am 35 years old.
I think these are questions that should be asked to the Notary before whom they plan to do the deeds.
Hello, I have a flat in Almería although the deeds list 4 people, my wife and I, and my daughter with her husband. We did it that way because of the mortgage, although we all paid for the house, plus my other daughter with her spouse. The fact is that we would like to include the six of us or at least that my two daughters appear in the deeds, the value of the property is €180,000...
What would be the cheapest option?
thank you .
Talk to a notary in your place, who will inform you very correctly
Hello. I am the only child of my father and my mother and I have some land that is in the name of all three and
I want to sell (40,000e) all the money is for me, how much do I have to pay to the Treasury? I want to pay my mortgage with this money.
Thank you very much and greetings
It depends on how the operation is done, but in any case with the data you give us, it is impossible to answer. If you want, you can come by the office and we will inform you to the full extent that you need.
Good afternoon, I would like to know how much it would cost me to put the money from my account, which is €18,000, in the name of my minor daughter, opening an account in her name, what the expenses would be and if there are consequences for doing this, greetings, thanks, I look forward to your response
This page is not an online office. If you want you can make an appointment or send us the precise documentation, and in view of this we will give you an opinion.
Good afternoon
My parents' house was repossessed and they bought it back and put it in the name of my older sister and the loan in the name of my brother, her and me. mortgaging the house for this one.
now my sister has marital problems in charge of children and habitual residence in his name.
I don't know how that can affect my sister at the time of the divorce. and to my mother who pays the mortgage and is her home for the rest of her life.
I was thinking of making a deed of donation to one of the members of the loan to my brother or my co-owner so as not to touch the mortgage deed, only the deed of the house and now so that my sister and nephews are not affected at the time of distribution since that house does not belong to my sister but to my mother
I need urgent guidance
thank you so much
If you want, make an appointment and we can talk, but a matter like yours is not to be dealt with by this means
A question like yours is impossible to answer with the data you provide us. If you want, contact us and we will gladly assist you.
I want to donate 70,000 euros to my brother, we live in Madrid, how much would I have to pay per donation? more or less
Thank you so much.
Hello: 6 years ago (2011) we received 6 brothers in inheritance (already with full ownership, and individual ownership of each one). As the Asturian housing market is declining, instead of giving the house to a builder we are analyzing the possibility of donating it to a private patronage NGO for the protection of children. I would like to know if the Capital Gains Tax has to be paid by the donor or the donee (exempt if applicable). Given the downward price of housing, the highest price (equity tax) is likely to be the one received as an inheritance and not the cadastral price. In the deed of donation we would give the cadastral, for example. Is it necessary to declare it in the IRPF? Finally, it is deductible from the full IRPF quota of each heir, provided that 10 % of the taxable base of each heir is not exceeded.
Your question goes far beyond the purpose of this website, which, as I repeat, is not an online office. Discuss the issue with a professional, for our part, in view of the precise documentation, we can make a report.
Greetings and Happy New Year
Good morning. I am married to a Norwegian, both in their second marriage. After we got married, we bought a house. Half of the house is mine, private by confession. The other half is in community property. My husband has children in Norway and a house from before he married me; I am of Spanish nationality with children in Spain. Out of consideration for the heirs, we want to keep things simple so that my husband's children get the house in Norway, and MY children get the house here in Spain. For that we are studying the possibility of transferring the ENTIRE house in Spain to my name so that our desire is clear. What would be the easiest way and above all that would make things very clear? Donation? Will? Another arrangement?
I would be very grateful to receive your opinion as a professional. We are both over 65 years old and we do not want to continue worrying about what will happen to the properties when we are no longer around, and how the international bureaucracy can embitter our respective children.
I will answer you in private
Hello, I would like to know how the personal income tax that my parents should make after donating their house to me is calculated. They acquired the property in May 1978. In April 2017 they donated it to me, leaving them as usufructuaries.
It is quite complex. If you want we can make a report in view of the necessary background
A man who is not my family, he is just a friend, he made a will in my name, leaving his apartment, car and garage, in the will it says that I am the heir to all of that, in the second paragraph it says something about restoring the fifth part to his nephews, all of them appear in the will with their first and last names.
what does that mean? Is it that I will have to give a fifth of the inheritance to all those who appear in the will? If that's the case, how much would I stay with? Ex: It's a total of about 100,000 euros between the apartment, car and garage, I live in the capital of Zaragoza, how much will I have to pay in taxes, and if I have to pay the taxes and then give the fifth part to the nephews? Please answer me by email because later I won't remember where I have to enter to see the answer
Thank you in advance
This page is not an online office. With the data you give us it is impossible to answer
Very good, I wanted to know how much I would have to pay for a donation, the donation would be a house belonging to my father that would be valued at about 60,000 euros, it is in his name and I would put it in mine, it would be a living donation and I also have a disability of 69%
We must know where the house is.
in Malaga capital
My mother owns a flat in the Community of Madrid, which is our habitual residence since I have lived with her since I separated in 1990, exactly in HOYO de Manxzanares, we are two brothers but due to personal problems my brother does not care that he only donates the house to me in life if with that we save money instead of waiting and inheriting. My mother has a will where it is reflected that the 50% of her possessions will be for each one
My question is if it is better to donate the house while you are alive, in this case to me, and then I would give my brother the 50% of what it is worth, or is it better to wait, that is, we would save money, and inherit, we are both over 65 years old. My mother is a pensioner and is exempt from declaring in the income statement since her pension does not reach the minimum limit
Normally it is cheaper to inherit than to donate, although in the Community of Madrid, both the inheritance and the donation between parents and children are highly discounted. Therefore, the cost would be in the donation that you made to your brother. I will be moving to Madrid shortly, therefore, if you want, by consulting this website you will see when my transfer is effective and we can have a broader conversation and about specific data. All the best.
Thank you for your information.
We are 5 brothers and we inherit an apartment on the beach. We have not had a relationship with each other for many years. The question is if someone can put said apartment under the name of two, for example, and sell it? Thank you so much
Good afternoon,
With my husband we have saved money to buy a secondary residence in Barcelona (160'000-200'000 euros) and some other apartment in Malaga (70-100 euros) to have some income when we retire. Our current age 51 and 49 years and we live in France. First, we would go on vacation and then I would settle for at least 6 months a year when I retire…for reasons of climate and language.
We think it would be better to put the flats in the names of our 2 sons, ages 17 and 20, so that they don't have to pay inheritance taxes later and so in the event of a divorce we are not obliged to sell to distribute money. If my husband were to remarry, I would not want my children's estate to be sold, spent, distributed, or inherited by other subsequent children... For more security, we thought of establishing a lifetime usufruct in favor of the parents, since when they are 30 years old, the wife and heirs could sell and leave us with nothing.
Our first obstacle seems to be that our minor son cannot be a buying party because he is a minor?
I have read on the internet that they advise making an interest-free loan to our children instead of a donation. We would do this loan in France (with a French tax certificate) and it is almost free.
We would make two loans, one for 100,000 and the other for 60,000 and according to French law we can stipulate that you will repay when and if you can.
I began to request a budget for all the procedures in Spain and I just found out that the usufruct procedures are one more tax !!!, and then, when we are dead, will they have to pay the tax on the extinction of usufructuaries and pay again to the property registry for the annulment of the usufruct? In other words, when buying a property by dividing it between bare ownership and usufruct, it is more expensive in taxes?
In other words, in addition to the 11 % of transmission, the notary expenses and the property registry, we would also have an additional percentage of taxes for usufruct of 5 or 6% on 38% (89-51) of the value of the apartment? That is to say that if we buy a flat at 160'000 we pay about 5% over 64'000 = 3'200? That is to say, a 2 % more…
My question is what do you advise? What is the cheapest and safest solution?
– buy in our name (11%), but we will pay more wealth taxes in France and when we die our children pay inheritance tax? But if the apartment with reform is worth 200,000, each one gets 100,000 and the first 100,000 do not pay tax or is it different for foreigners? .
– buy as co-owners in equal parts 50% the parents and 50% our eldest son, paying 11% of taxes? This is how we reduce our fortune tax by half and in the event of a divorce we will have to buy the 25% from my husband, paid joint ownership dissolution tax?
Well, I'm a bit lost now. I look forward to your precious advice. Greetings and thanks E.
It is a very long question, and this website is not an online office. If you want to make an appointment
Good morning ,
I'm looking for a calculator, but I can't find anything, I don't know if you could help me.
I tell you, my father has sold a piece of land and he wants to distribute the money he sold it for among his 5 children.
My father is from Andalusia, and he lives there, as do I and another brother, but the others live in different autonomous communities, Madrid, Catalonia and Castilla la Mancha, I suppose that each one will have a different tax, the amount would be about €40,000 for each of the children.
The donation of money is governed, in terms of its taxation, by the law of the habitual residence of the donee (the one who receives the money). In the case of Catalonia, the type would be 5%, in Madrid it would be almost exempt. In both cases, the donation to have this treatment must be made in a public deed (that is, before a Notary) and in Castilla La Mancha, it also has an important bonus.
We do not give specific data if it is not prior professional order.
All the best
Good afternoon,
I have a question regarding donations in Andalusia. We are 6 brothers who have a farm inherited from our mother, which is not yet registered in the commercial register in our names, that is, it is still in our mother's name. Is it possible for a brother to make a donation to the other brothers while in this situation? In such a case, what taxes would be paid?
Thank you so much.
This page is not an online office. Sometimes we answer very simple questions. If you are interested, in view of the precise documentation, we can make a report.
All the best
Good afternoon, let me tell you, we are a married couple who live in an apartment that is in the name of my wife and one of her daughters, who wants to make a donation so that the apartment belongs entirely to my wife. I would like to know what percent of the value of the apartment would have to be paid? We live in Navarra, thank you.
This page is not an online office. Sometimes we answer very simple questions. If you are interested, in view of the precise documentation, we can make a report.
All the best
I have a daughter with a 77 percent disability and I want to donate money to her to buy an apartment, for how much would she have to buy the apartment to benefit from the tax reduction established by law, which I think is 99 percent. Thank you. I live in Andalusia. All the best
This entrance is not a tax office.
Okay
Hi, I live in Catalonia and I own a flat, I intend to sell it for 450,000 euros. I would like to donate to my husband. What taxes do we have to pay for the process?
This page is not an online office. I think it is said very clearly at the end of the entry.
Dear Sirs: We are two brothers who by inheritance shared at 50 % a flat in the community of Murcia, valued at 90,000 euros and a house and three farms in the province of Zamora. The house valued at 40,000 euros and each dry farm at 1,500 euros (now abandoned). We have decided that one should keep everything in Zamora and the other with the house in Murcia without financial compensation.
We had thought of carrying out a condominium extinction so that the 1.5 % of documented legal acts that the Community of Murcia and Castilla León has stipulated for this concept is applied to us. We also have doubts if due to the difference in valuation we would have to pay the 8.5% that is also stipulated in both communities by AJD, or when it comes to extinction it is exonerated.
In order for the CONDOMINIUM EXTINCTION application to be admitted, some friends have advised us that it is best to forget about rural properties for the moment and carry out the extinction only with the properties, either jointly or separately. Should we extinguish one house and then the other or is there no problem in extinguishing both properties simultaneously? How much time should we let pass to make the EXTINCTION of the rural farms or should we leave this matter settled to avoid, that in the space of time one of the brothers dies and becomes complicated with the heirs. Leave settled with the sale since the values are derisory and the taxes to be paid should be low
I would appreciate your clarification of these doubts. Kind regards, Guillermo Garcia
Don Guillermo, this website is not an online office. Giving opinions without seeing documentation is very risky. Exceeding myself, despite this, I would tell you that doing it at once or separately should not be a problem, but it is true that if it is done jointly, in some CCAA they consider (wrongly in my opinion) that there is an installment swap. In any case, I cannot give an opinion outside of a professional assignment and my expressed opinions do not constitute an opinion or advice.
Thank you very much in any case for your answer. Kind regards, Guillermo Garcia
Good morning, I have just subrogated the loan of some properties belonging to a company I own that due to economic circumstances we have had to close, now taking care of the loans we have passed them on to my patrimonial company, I want to donate it to my wife and my children from the Own company, the property is in Cantabria and we reside in Bizkaia,
How much would the inheritance and donation tax be paid and where would it have to be paid.
This page is not an online office. If you want, make an appointment with us and we will gladly assist you.
In the case of a donation, the value that is written must necessarily coincide with the value to calculate the IRPF? Let me explain: I bought a 50 m2 flat in Barcelona for €110,000 4 years ago. If I donate it to my daughter, I can notarize it for about €84,000, but I don't know if later, when calculating income tax on income, I can calculate it for the value of €145,000, instead of €84,000.
https://www.notarialuisprados.com/el-valor-conveniente-en-las-escrituras/
I leave you this entry from my blog
Good evening, I would like to know what is more economical when it comes to transmitting the bare ownership of an undivided part of a flat to my brother, to know what I should do if I donate or extinguish the condominium, I am a donor with a disability in Andalusia, I ask for any answer thank you.
As I insist many times, this page is not an online office. An answer to your question requires assessing issues that I am unaware of. Go to a local notary and they will gladly assist you
Good afternoon and thanks in advance,
Residence in Catalonia
My father wants to donate 60,000 euros to my son (who meets the requirements to apply the 95% reduction) for the purchase of his first home. You will buy a house off plan, you have to sign the earnest money contract in April 2018 and the deed of sale of the apartment will be in May 2019.
My question is, should they register the donation when they make the down payment or when the deed of sale of the apartment is made.
We had planned to do the deed of the donation at the time of the deed of the apartment, but when reading the article, the doubt arose that the deposit can already be considered as a purchase and then the donation would be much later than the purchase and there would be no reduction
” the house must be acquired within three months from the date of the donation.
This reduction is not applicable to donations after the acquisition of the home.”
I think you have already answered yourself. The law says what you explain.
Excuse me for insisting, but I do not understand, it is in the "arras" document when I have to make the donation or on the date of public deed. There is a year difference.
Thank you so much
The date is counted from writing. The arras do not have an authentic date
Thanks a lot,
Good morning
My parents want to donate to my sister and me some houses whose cadastral value would be +- 300,000 euros in Castilla la Mancha.
On what amount would the donation tax be? thank you. We are over 21 years old
The amount to pay does not depend only on the cadastral value. In any case, since inheritance and gift taxes are autonomous, and I don't work in Castilla La Mancha, I suppose I have to study it, because I don't remember it. Therefore, if you want, we can do a study, in view of the documentation that we believe is necessary, or you can go through the notary and we will gladly assist you. Greetings and thank you very much for following us
The article is very interesting. I have a question in the case of the donation of a flat owned by a married couple to the sister of the woman in which tax group the donation tax falls? I don't know if everything is in group III or the part of the husband in group IV? And if the donation was made to the woman's sister and her husband, would they be the same taxes? Thank you
In my opinion between each donor and recipient will be a donation.
The subject of group III or group IV is really doubtful, it could be argued that it is a relationship by affinity and in this way it is group III, since there are sentences that have indicated that the inheritance tax law, by not differentiating between kinship by affinity and by consanguinity in the case of collaterals, results in the equating of the two types.
In any case, it is an issue that probably would have to be fought against the Autonomous Community.
Thank you very much for following us and greetings.
Thanks for the reply. It seems to me that it is not very clear in the law if only brothers-in-law enter group III or also brothers-in-law because it does not specify it and from what I have read I have seen that there are various favorable rulings for brothers-in-law to be considered within the group III but my doubt was that, if they were already considered there as a rule or maybe they would have to claim after doing so. Once again, thank you very much and your page is very interesting.
Good afternoon: A few years ago we made a family loan for my son to buy a flat in Madrid, he lives in Madrid and we live in Zaragoza. Now I would like to know what procedures we would have to carry out to convert that loan into a donation and where to carry them out. The loan was processed at the General Directorate of Taxes and Planning of the Community of Madrid. What percentage would have to be paid for the donation and to whom it would correspond. Thank you very much and greetings,
It is impossible for me to answer, without seeing any type of documentation. If you want, make an appointment and we will gladly assist you.
Hello good,
I would need to know if it is better for me to make a donation together with my sister from the property in which I live (habitual residence), the value of the property is 30,000, I don't know if the donation or extinction of the condominium is more convenient for me, we are a bit involved with this topic.
Sorry, our autonomous community is Andalusia
The option as such does not exist. It all depends on whether there is consideration. Because the means of payment must be justified, if nothing is paid there will be a donation
Hi there! Look, I just inherited the 50% of a property from my mother with a fiscal value of €48,000. We are 4 brothers. My father did not make a will when he died and now my sisters have 12.5% and I have 62.5% of the property because it is in the name of my father and my mother. Now they want to give me their part, we have already signed the acceptance of inheritance and I wanted to know the process of donating their part and how much it could cost more or less. Do we have to go back to the notary and process the donation? or how does this work?
Indeed they must return to the Notary. Regarding how to do it, make an appointment with us and we will gladly assist you.
Good morning.
First of all congratulations for the page. It is very good and helps us clarify many things.
I am going to sell a friend's house and he has told me that if I sell it to him he will give me €48,000. It is in Andalusia. I would like to know what expenses I would have when receiving that money, if it would be cheaper if I register in Madrid and if there is any bonus or discount for having a 67% disability
Many thanks for everything
All the best
This page is not an online office, and what you ask for confidentiality reasons should not be answered on the web. If you want, make an appointment and we will gladly assist you. All the best
My residence is in Catalonia and I am going to buy a second home in Andalusia. My brother has opened an account where we both appear as holders but he is going to transfer 40,000 euros to my individual account as a donation.
What percentage should I pay and in what community?
Is there an exemption in this regard for kinship?
Can we formalize a private contract as a loan?
Thank you so much
This website is not an online office. And given your question, it would be foolish to answer in this way. If you want, make an appointment and we will gladly assist you.
Good afternoon, my aunt has sold her house and she wants to donate part of the money to us for 2 nephews, how much does this cost?
It depends on the amount and your residence. If you live in Madrid or nearby, it is best to stop by our office and we will gladly assist you.
All the best
Hello, my name is Juan A., 30 years ago I opened a current account in a bank in Madrid together with my mother, recently we realized that instead of my mother appearing as authorized, she appears as the owner. They tell me from the bank that in order to have said money, I need to make a declaration of donations from my mother to me. According to the bank, this declaration in Madrid is free, if not, what would be the amount of said declaration, being the amount of 30,000 E and my mother is over 65 years old. Thank you.
Tax about 29 euros. Plus the cost of writing. From our office we can do all the management. Call and ask for information
Hello, I want to donate the apartment to two children and keep the usufruct, this donation is considered onerous and they would have to pay when I die for this donation.
They will have to pay, now, for the value of the bare property, and when you die, for the value of the usufruct. In any case, if the apartment is in Madrid, the tax for donations is very small. Evaluate other aspects, such as capital gains or personal income tax
Hello, good afternoon, my parents have divorced and in the division of property my father has presented a paper from 30 years ago indicating that my grandfather has given them 1,000,000 pesetas to finish the construction of the house that they were building. The signature of my parents and my grandfather appears on that paper, they signed that paper in their living room and that's it, they didn't take it before a notary or anything, it's a sheet of paper, now my father demands from my mother €3000, which would be half of that million converted to euros. My question is, is that paper valid? No public deed or anything was made. Thank you.
If its authenticity is proven or recognized, of course it is worth
I would like to donate to my daughter an apartment deeded at 100,000 euros. In order to calculate what the donor and recipient have to pay, it is not clear to me how the apartment is valued. It is and we are both residents of the Community of Madrid.
The value is real. The Autonomous Communities have reference values. But the best thing is that you stop by the office and we will gladly assist you
I wanted to leave my son about 20,000 euros, for a house purchase, and a niece of mine, wants to leave another 2,000 euros, for the same reason, the apartment is worth 47,000 euros in Albacete (Castilla La Mancha). It is better to do it by donation. or by loan,…so that he can return the money to me, when he can. If it is by donation, would you know what I would have to pay? And if it is by loan, would he not pay anything? Since he has started working now as a freelancer. Thank you
It is best to adjust to reality, if the money is delivered without the will to recover it, it will be a donation and otherwise a loan. The taxation of this operation depends on variables that I do not know, since the residence of the person who receives the money and the place where the property is located influences. If you want we can make an assessment, which would take a fee.
All the best
Good afternoon, in the event that parents, over 65, want to make a donation from their habitual residence to their children, are they exempt from paying personal income tax? Thank you so much
This website is not an online office. For reasons of prudence and not to mislead you, without seeing all the precise background, I prefer not to answer. Come by the office and we will gladly assist you.
I have 3 properties in Andalusia that I want to donate to my two children. I am not resident in Spain. My question is if I have to declare it next year in the declaration for non-residents and if I always have to declare it even if there has been no increase in assets, that is, the properties are worth less today than what they cost me, even though the cadastral value has risen. Thanks for your help.
This page is not an online office. We can make you a report, if you are interested. In that case we would ask you for documentation and we would inform you of the price.
All the best
Good afternoon. Could you tell me what procedures I have to carry out to receive a donation of 500,000$ from Central America, the value of the tax or if I need help from a financial advisor or a notary? I don't know where to start moving. Thanks for your help.
These are questions that must be answered here. Call or stop by the office
good morning, first of all thank you very much for being able to leave a few words here and for being able to help us.
I tell you my situation:
In Castilla la Mancha (cuenca) we have a family house that belonged to my grandparents, after their death it became equal parts of my father plus his three brothers. Now they want to sell the house, but for sentimental reasons my sister and I have thought of keeping it for 50% each. After talking with my father and my uncles about the four parts, which are 3 parts, they "cede" us "donate" their parts, the last part we are waiting for my uncle to tell us the price for his part.
my questions are:
What procedure would be better to follow? It is better that they donate the parts to us or it is better that, even for a negligible price, we buy it from them for rent and property.
Would it be advisable to appraise the house first?
What steps should we follow so that we have everything in order?
Would it be more advisable to go to a notary in the province and have them explain all this to us?
thank you for your answer in advance.
thank you so much
a cordial greeting
Come by our office and we will gladly assist you
Good afternoon, what do you recommend? A cousin from Spain wants to transfer me some euros and I am from Mexico, what do I have to do to pay less taxes. It would be correct if you made me a donation, or else, give me a personal loan, but as I declare here in Mexico before THE TREASURY AUTHORITIES
These are not questions to answer here.