He house price It is one of the main obstacles to the emancipation of young people in Spain. According to data According to the Spanish Youth Council, only 15.2% of young people can afford to live outside the family home. Of them, 57.9% do so in rented apartments and a third of these young people share a flat with other young people to be able to bear the expenses.
In this context, it is not strange to find people over 30 years old living with their parents. However, according to have confirmed the Ministry of Finance to VerifyRTVEit is false that living for free in your parents’ home, or in “any property of your parents”, can be considered “as a donation”.
The Treasury makes it clear: there is no donation. Both from the Ministry of Finance like from the union of Technicians of the Ministry of Finance (GESTHA) point out that there is no tax or legal change that penalizes children for residing in the family home.
Sources from the Ministry of Finance confirmed to damn.es that “there have been no legal changes or changes in the orientation of administrative actions since the IRPF existed, nor has it ever been considered a fiscal risk.” Carlos Cruzado, president of the GESTHA union, explained to RTVE that no taxes or duties apply additional taxes for the simple fact that an adult shares a home with his or her parents.
Donation is a change of ownership, not use. The reason why no charge is made is because, simply, when a child lives with his or her parents, no transfer of assets occurs. The consensual use that is made of it changes, not the ownership. This change of use between family members without financial compensation does not fit into any of the assumptions of the Inheritance and Donation Taxso neither parents nor children they must pay that tax.
The professor of Financial Law Rosa María Galán pointed to damn.es that, in the case of children without economic resources to survive on their own, the article 142 of the Civil Code obliges parents to cover the support, housing, clothing and medical care of their children. There is no need to argue for free coexistence since providing it is a legal obligation.
It even applies to second homes. This same logic applies even when parents and children do not live in the same property, but, for example, the parents live in the primary home, and the children in a second residence owned by the parents. According to Cruzado, the Treasury “understands that there may be a free transfer and does not allocate a return at market value.”
In this case, the parents are taxed the same as if the home were empty due to the imputation of real estate income in personal income tax, the same obligations that already exist. for having a second residence without regular use. In this case, the owner of the home must pay a tax of 2% of the cadastral value of the property, and in some cases is reduced to 1.1%.
That is, what is taxed is the condition of second home ownership, not the fact that children live in the home or not.
The transfer of use is not a donation: the distinction that changes everything. As and as explained José María Salcedo, managing partner of the tax firm Salcedo Tax Litigation to Idealistiche article 6.5 of the Personal Income Tax Law establishes a presumption of onerousness. This means that the Treasury tends to assume that any transfer has a price.
However, this presumption admits evidence to the contrary, and the most common instrument to prove it is the bailment contracta document that formalizes the loan of the property without financial consideration and that, according to Cruzado, the Treasury “does not usually carry out these checks”, although it serves as a guarantee to justify “free of charge the right to use someone else’s property for a certain period of time.”
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