Is It Possible To Revoke A Gift Or Donation In Spain? Expert Legal Advice

As we person discussed successful galore articles, donations successful Spain person skyrocketed successful caller years. A awesome logic is that galore regions successful Spain (among them, nan Valencia region) person heavy reduced aliases moreover eliminated gift taxes betwixt adjacent family members, making intergenerational transfers highly attractive. In immoderate cases, nan tax burden connected a aid is virtually non-existent, aliases truthful debased that it is almost symbolic.

It is important to note, however, that these reductions use only to Gift taxation (paid by nan personification receiving nan gift) but do not impact different associated taxes erstwhile nan gift consists of a existent property asset. Gifting rate mightiness beryllium elemental and practically cost-free, but transferring existent property requires observant consideration, arsenic Capital Gains Tax aliases Plusvalia Tax whitethorn apply, depending connected nan circumstances.

One mobility we person received much than erstwhile successful our patient is nan following: “I made a gift to a family member, but I regret it. There person been superior problems since then, and I would for illustration to revoke it. Is it possible?”

The reply is always: it depends.

Spanish rule does let for nan revocation of a donation, but only successful very circumstantial circumstances. The astir applicable ineligible grounds are recovered successful Articles 648 and pursuing of nan Spanish Civil Code, which found that a gift whitethorn beryllium revoked successful cases of ingratitude by nan donee. In practice, ingratitude tin originate successful situations specified as:

• Acts of harm aliases maltreatment against nan philanthropist – this includes beingness violence, superior harassment, aliases psychological abuse. There does not request to beryllium a criminal conviction; what matters is simply a demonstrable behaviour that earnestly harms aliases offends nan donor.
• Malicious ineligible actions – if nan donee deliberately initiates ineligible action against nan philanthropist pinch nan intent to harm them aliases falsely accuses nan philanthropist of a crime.
• Failure to supply basal support – if nan donee unjustifiably refuses basal attraction aliases attraction erstwhile nan philanthropist is successful need.

In short, while revoking a aid is imaginable nether Spanish law, it is highly conditional and requires observant ineligible guidance. Since these cases are peculiarly delicate and nan result depends heavy connected nan grounds available, anyone facing specified a business should consult an knowledgeable lawyer to measure whether nan circumstantial circumstances meet nan ineligible requirements for revocation.

If you request master ineligible proposal pinch this type of case, aliases pinch immoderate different related matter, consciousness free to reach retired to us, today.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

White & Baos 2025 – All Rights Reserved.

You whitethorn beryllium willing successful nan pursuing services and articles:

Advice connected Gift and Inheritance Tax successful Spain. Making respective gifts. Accumulation of gifts. Tax advice.

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IT’S OFFICIAL. Farewell to nan Inheritance and Gift Tax successful nan Valencian Region. 99% taxation relief. Parents. Children. Spouses. Legal advice.