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“Donating a home to a child is a mistake and does not go on account”: more taxes are paid than if left in inheritance

“Donating a home to a child is a mistake and does not go on account”: more taxes are paid than if left in inheritance
“Donating a home to a child is a mistake and does not go on account”: more taxes are paid than if left in inheritance
The rise in the of housing has fired in 2024 donations of from parents to children 16.7% after reaching 23,000 operations. (Adobe stock)

The of housing price fired in 2024 Donations of floors from parents to children 16.7% after reaching 23,000 operations. While inheritances Housing added to the end of year the 201,030, which is 900 more than the previous year.

The catalyst for the in donations from parents from parents to children has been the Housingwhich has closed April with an interannual climb of the 11,7%the highest growth of the last 19 years and placing the price of the square meter at 2,534 euros on average in Spain, according to data from the Fotocasa real estate index.

“The housing market in Spain is going through the greatest transformation of the last decade due to the impact of macroeconomic, geopolitical and legislative changes in its evolution. The structural problem between the high demand and poor supplyincreasing María MatosDirector of Studies and spokesman for Fotocasa. In his opinion, “although at the level the cost of housing is still at 15% of reaching maximums, the variation presented marks a historical record, indicating that We had never faced a rhythm of increes as fast as this”.

Fear of inheriting: 28,224 people reject their inheritances in the semester while donations in life.

The difficulty, especially young people, to access a home has driven many parents to Don it in life to your children instead of waiting to leave it in inheritance. A formula that real estate experts advise thousands of euros more . They claim that “donating a home to a child is a mistake And it doesn’t go on . ”

Abel Marínlawyer and founding partner of Marín & Mateo Abogados, affects that “Housing donations in life are more expensive than leaving them in inheritance Because receiving the inheritance, only the Inheritance Tax and that of Municipal Plusvalía are paid and in the case of donations we must also pay for IRPF that is in charge of the donor”Describe the case of an acquired floor per 100,000 euros and that now is worth 200,000, in this case the donor would be taxed in its personal income tax of 100,000 euros.

However, there is an exception in which the donation can leave the parents ‘cheap’ and it is in the event that these They donate their habitual residence to their children and have more than 65 years. In these cases, the donor is exempt from the tax for patrimonial gain in the IRPF.

“If what I dono is my usual and I am greater than 65, the IRPF gain that is generated is exempt from taxes. If these requirements are met, making use of that donation avoids the rental stick,” he acknowledges María Teresa Bareaspokesman for the General Council of Notaries and Dean of the Notarial College of Andalusia.

Despite this benefit, Marín insists that “it is not advisable The house would be the daughter -in -law or son -in -law. For all this, I am not a supporter of donations in excess life”.

In case of finally opting for the donation, the best formula, in the opinion of Abel Marín, is Buy the floor and donate it in nuda propertysince in this way “parents reserve the life usufruct of housing.”

Although more taxes are paid, donating a home in life has some benefit, although not economical, among them, Avoid conflicts between heirs after the of parentsthey point out from the buffet Vilches lawyers. They say that “this is many times the best to make a distribution of goods in life.”

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