A free transmission is one in which something (good or right) is received without payment in exchange for what is received, although it may be subject to the fulfillment of certain conditions. An example would be receiving an inheritance, donation or prize. In this type of transmission, the person who receives the good or right (donee) is considered the taxpayer, since they are receiving an income.
For the purposes of this article, we will exclude donations that are deductible for the purposes of article 39 of the Tax Agreement Law, since they receive a different tax treatment. Thus, we will focus on transfers that are considered capital gains for the recipients.
As we have mentioned in previous articles, to calculate the tax to be paid we need to have two elements: the tax base (amount on which the tax rate is applied) and the aliquot (tax rate or percentage).
The tax base for these transmissions is calculated as follows:
