Gift Tax Guipúzcoa

In Guipúzcoa the tax due will be calculated by applying the following tariffs to the taxable amount rated on the closeness of kinship. There are three groups of beneficiaries in Guipúzcoa:

1. ascendants, descendants, adopted ascendants and descendants, spouses, unmarried registered partners

2. siblings, uncles, aunts, nephews, nieces, ascendants and descendants-in-law, including those relations of unmarried registered partners

3. cousins, in-laws (those other than ascendants and descendants) including those of an unmarried registered partner more distant relatives and those not related.

Group one will be taxed at a rate of 1.5%.
Group two will be taxed on a progressive scale which ranges from paying 467.40€ for a gift of 8,200.00€ (5.7%) to 69,040.87€ for a gift of 409,930.00€ for example.
Group three beneficiaries will be again be taxed on a progressive scale, with, for example, a tax due of 623.20€ for a gift of 8,200.00€ (7.6%) and 89,977.31€ for a gift of 409,930.00€.

Deductions for international double taxation

The lower amount of the following two will be deducted:

a) any similar tax paid abroad for the same assets
b) the result of applying the average rate that would have been applied for the assets here when a similar tax has been paid on assets abroad.

Reduction for gift of donor´s own home to a resident recipient

There is a reduction of 95%, with a maximum reduction of 220,000€ for gifts with full ownership of “usofructo”, “nuda propiedad”, land rights, or right of use or habitation of the house where the donor has lived with the recipient for at least 2 years, continuously, immediately before the gift, the house having been the habitual residence of both parties and both are registered in the town hall as residents with “certificación de empadronamiento” and “certificación de Convivencia”.

Any gifts that are not exempt corresponding to groups two and three from the same donor to the same recipient within a period of three years will be considered as one gift for tax purposes. Any tax already paid for previous gifts may be deducted from the tax due on the sum of the gifts.

All gifts made within a period of 4 years where the donor dies within this period will be added together to be taxed as one single donation for tax purposes. Any tax already paid for previous gifts may be deducted from the tax due on the inheritance.

For gifts of assets, rights or any other legal transaction to descendants or adopted descendants which have been gifted within the immediate previous five years to the ascendant from a different descendant or adopted descendant, the relationship between the first donor and the final recipient will be considered for tax purposes, deducting, if it is the case, any payment made for the first transaction.

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