The donation tax is regulated generally in the Law 29/1987, of December 18, and in turn the regulations developed by the Royal Decree 1629/1991, of November 8th. This tax is levied on the income that occurs upon acceptance of a donation or inheritance that has been passed gratuitously.

Specifically, the tax levied on increase in assets between living (among living people), and is not homogeneous for all Spanish territory, but it varies depending on the independent community in which you find yourself – or where the taxable event occurs. Meaning that the territorial scope of the tax is applied in the entire territory, notwithstanding that the tax and international treaties or conventions governing above the general law.

The Andalusian legislation applies a number of reductions and improvements to the state regulations, regarding the donation – inter vivos acquisitions, specifically in regard to habitual dwelling and the participation of a company and business:

1. An autonomous reduction of 99% of the amounts donated to descendants for the acquisition of the first residence.

Maximum reduction Base:

• 120,000, for under 35 years
• 180,000 for the disabled, with a degree of disability equal to or greater than 33%.

Is important to emphasize the concept of acquisition of main residence, refers strictly and literally to the first.

2. Improving autonomic reduction individual purchase by business, professional and business interests in entities.

The reduction will reach 99% when the donor, whatever their relationship, come to serve in the company and had assigned tasks management or direction of it.

• 180,000 for the disabled, with a degree of disability equal to or greater than 33%.

It therefore applies a series of special privileges for first-rank, as long as they meet a number of prerequisites required by law, and upon fulfilment should be maintained during the period provided for the type of reduction.