2023-04-15 23:38:26
Saturday, April 15, 2023, 11:30 p.m.
Did you get married last year and now you are wondering if you should include wedding gifts in your tax return? It is not nonsense, because although it is difficult for the Treasury to ask us for explanations for them, the truth is that fiscally they are considered donations and must pay taxes. But, be careful, not in the IRPF.
Being strict, any gift (both in cash and in goods) would oblige us to present the Inheritance and Donations Tax, which, as the Provincial Treasury explains, “taxes the patrimonial increases obtained for profit (for free) by natural persons” . As you can see, the definition includes both inheritances, as well as the money that parents can give to a child to buy a flat or that car that the grandfather no longer uses and puts in the grandson’s name.
And, of course, wedding gifts come in, which would also have to be declared separately. Each one on one side. In addition, we must take into account the date they are delivered to us, because if it was before the marriage, that work corresponds only to the spouse who received it. If it is later, it depends on the regime in which we have contracted marriage.
And how much do you have to pay?
The applicable tax rates depend on each autonomous community or territory, in the Basque case. Currently, in Bizkaia when the donation (regardless of its amount, unlike what happens with inheritances) comes from the spouse, common-law partner, parents or children, 1.5% is applied. With other types of kinship or relationship, the value of the gift does matter, and both factors determine which types apply. These can range from 5.7% for amounts of up to 9,230 euros delivered by relatives in the second or third degree by consanguinity to 42.56% if we are already talking about figures above two million and donors with more distant degrees of kinship. In this way, to give a practical example, the same 2,000 euros would force us to pay 1.5% if they are given to us by our parents, 5.7% if they come from grandparents, brothers or uncles; and 7.6% if the donor is a cousin or a friend.
There is no minimum amount for which you are obliged to present the tax settlement, but in practice the Treasury does not pursue most gifts, which in the end are small donations that are usually around 150 or 200 euros per guest. However, you can ask us for explanations if we are talking about large sums or high-value goods. Keep in mind that you can find out from the bank, which, for example, is required by law to report any cash income greater than 3,000 euros or any other amount made using a 500 bill.
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