A gift (donación) allows you to transfer assets free of charge during your lifetime, usually to children or other relatives. A public deed is mandatory for gifts of property and, in Catalonia, is also required in many cases to benefit from tax reductions on Gift Tax. The notary will explain the consequences of the gift for you and for the recipient.
What you are signing
- Donor and recipient: who gives the asset and who receives it. The gift requires the recipient’s acceptance, usually given in the same deed.
- The asset: description of the property or money, identifying the source and destination accounts.
- Type of gift: outright, with a reserved life interest (the donor keeps using the asset or receiving its income), with a reserved power of disposal, or subject to conditions.
- Relationship with the inheritance: whether the gift counts towards the recipient’s forced share or future inheritance.
- Irrevocability: once accepted, a gift cannot be undone except in the cases provided by law (for example, ingratitude or breach of conditions).
- Tax warnings: taxes for donor and recipient and filing deadlines.
Transactions and documents
Identity documents for the parties are listed below, in the common section.
Gift of property
Documents
- Title deed to the property.
- Latest IBI receipt.
- Certificate from the owners’ association.
- Certificate of occupancy and energy performance certificate, if it is a home.
- If there is a mortgage, a certificate of the outstanding debt.
Gift of money
Documents
- Bank evidence of the transfer or cheque, stating the source and destination accounts.
- If the money will be used to buy a home, please mention it, as it may have tax implications.
Taxes
- Recipient: pays Gift Tax. In Catalonia, it must be filed within one month of the gift. Reduced rates apply to spouses, descendants and ascendants, subject to requirements such as executing a public deed.
- Donor: when giving property, may have to declare a capital gain for income tax and pay the municipal capital gains tax (plusvalía).
Frequently asked questions
Is it better to give now or leave assets in a will?
It depends on each case: the donor’s age, the asset, the family situation and the tax position. We recommend consulting us before deciding.
Can I keep living in the house I give away?
Yes, if you reserve a life interest. The recipient receives the bare ownership and you keep the right to use the home for life or for the agreed period.
Is a deed needed to give money to a child?
It is not mandatory, but in Catalonia it is required in many cases to apply the reduced tax rates, and it provides certainty about the source and destination of the money.
Identity documents (common to all transactions)
Individuals
- Valid ID card, NIE or passport.
- Marital status and, if married, your matrimonial property regime (and any marital agreement deed).
- Foreign nationals need an NIE (foreigner identification number) for transactions with tax implications.
Companies
- Deed of incorporation and current articles of association, recorded at the Commercial Registry.
- The company’s tax ID (NIF).
- Deed appointing the director, or the representative’s registered power of attorney.
- Details for the beneficial ownership declaration.
If you act on behalf of someone else
- Authorised copy of the notarial power of attorney.
This information is for guidance only. Depending on the circumstances, the notary’s office may request additional documents.