A gift is the gratuitous transfer of an asset or a sum of money without any obligation to repay it.<\/p>\n
Characteristics:<\/p>\n
\u2714 There is an intention to make a gift (the intention to give something freely).<\/p>\n
\u2714 The recipient is not required to repay the money.<\/p>\n
\u2714 It is subject to Inheritance and Gift Tax.<\/p>\n
\u2714 A public deed is required in certain cases.<\/p>\n
Example: Parents give their child \u20ac50,000 to purchase a property, with no obligation to repay the money.<\/p>\n
<\/p>\n
What is a Private Loan?<\/strong><\/span><\/p>\n A private loan involves a sum of money transferred with an obligation to repay it.<\/p>\n Characteristics:<\/p>\n \u2714 There is a commitment to repay the money.<\/p>\n \u2714 It can be interest-free or interest-bearing.<\/p>\n \u2714 It is not taxed as a gift.<\/p>\n \u2714 We recommend drawing up an agreement signed by both parties, specifying:<\/p>\n \u2714 The loan amount.<\/p>\n \u2714 The date the money is transferred.<\/p>\n \u2714 The repayment period.<\/p>\n \u2714 The method of repayment.<\/p>\n \u2714 Whether the loan is interest-free or interest-bearing.<\/p>\n Example: Parents lend their child \u20ac50,000 to purchase a flat, and the child will repay the amount over 10 years.<\/p>\n <\/p>\n Private loans are subject to Transfer Tax (ITP), but are exempt from payment. This means that no tax is payable, but the transaction must still be declared using Form 600.<\/p>\n <\/p>\n Key Differences<\/strong><\/span><\/p>\n The Main Risk: Sham Transactions<\/span><\/strong><\/p>\n The tax authorities may consider that an apparent loan is actually a disguised gift.<\/p>\n This is particularly likely when:<\/p>\n \u274c There is no written agreement.<\/p>\n \u274c No repayment deadlines are established.<\/p>\n \u274c No repayments are made.<\/p>\n \u274c The money is never repaid.<\/p>\n \u274c The existence of a genuine loan cannot be demonstrated.<\/p>\n In these cases, the transaction could be taxed as a gift.<\/p>\n <\/p>\n Differences Between an Inter Vivos Gift and a Private Loan When a parent provides financial assistance to a child, or when one family member transfers money to another, is it an inter vivos gift or a private loan? The distinction is fundamental because the tax implications are very different. A poorly documented transaction can lead […]<\/p>\n","protected":false},"author":6,"featured_media":46113,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"content-type":"","footnotes":""},"categories":[1163,763],"tags":[1898,1882],"yoast_head":"\n![\"\"](\"https:\/\/www.amatimmobiliaris.com\/w\/wp-content\/uploads\/2026\/10\/taula-donacio-prestec.png\")
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