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Guide · Tax

Gift Tax: better to give now or leave it in your will?

It is the question I am asked most, and the answer is almost never the one people expect. Because giving does not move one tax: it moves three, and the one that usually decides the operation is not Gift Tax. Last reviewed: 27 August 2026.

The three taxes that move when you make a gift

01

Gift Tax — paid by the recipient

It is devolved to the regions, so the difference between them is enormous: several give relief of up to 99 % between parents and children while others give none at all. Form 651, within 30 working days of the gift.

02

Income tax — paid by the giver

If the asset has risen in value, the giver is taxed on the capital gain as though they had sold it, even though they receive nothing. This is the tax people forget, and the one that normally decides whether giving makes sense.

03

Municipal capital gains tax — paid by the giver

Only for urban property. It is paid to the council where the property is located, within 30 working days, and is calculated on the increase in land value.

The comparison that actually matters

On inheritance, the capital gain accrued by the deceased is never taxed — what we call in the office "the dead man's gain". On a gift, it is. That is why giving away a heavily appreciated property usually costs more than leaving it in a will, even in regions where Gift Tax carries 99 % relief: what you save on one side, the giver pays in income tax on the other.

Giving tends to win when one of these applies:

  • It is cash: there is no capital gain to tax in the giver.
  • The asset has not risen in value or has fallen since it was acquired.
  • The giver is over 65 and gives away their main home: the capital gain is exempt from their income tax.
  • There is a genuine need now — a deposit on a home, starting a business, a family situation — and the tax cost is the price of solving it in time.
  • The aim is to put your affairs in order while alive to avoid a dispute between heirs later.

Deadlines and forms, at a glance

OperationDeadlineForm
Gift30 working days from the giftForm 651
Inheritance6 months from the death (extendable by 6 more)Form 650
Municipal capital gains tax — gift30 working daysCouncil form
Municipal capital gains tax — inheritance6 months (extendable to 1 year)Council form

The formal requirements that wipe out the tax advantage

Regional reliefs do not apply themselves: they are lost to formal defects with surprising ease.

  • A public deed whenever property is gifted, and in many regions also to qualify for relief on cash gifts.
  • Evidence the origin of the funds and make the transfer by traceable bank payment. An envelope of cash destroys the relief.
  • File form 651 on time even if the amount due is zero. Relief reduces the sum, not the duty to declare.
  • Meet the residence requirements of the recipient in the relevant region, normally for the previous five years.

Before you sign, do the full sum

The useful calculation is not "how much is Gift Tax": it is adding that tax, the giver's income tax and the municipal capital gains tax, then comparing the total against what the same transfer would cost through inheritance. With the acquisition value, the current value and the region of residence, it takes an afternoon.

Ask me for the calculation

Frequently asked questions

Can I give money to my child without declaring it?+

Not advisable. If the tax office spots the deposit and no gift has been declared, it can treat it as an unexplained capital gain, taxed at the recipient's marginal income tax rate and with a penalty. Declaring a relieved gift normally comes to zero; not declaring it can be very expensive.

How much can be given tax-free?+

It depends entirely on the region, the family relationship and the type of asset. Some regions give relief of up to 99 % for gifts between parents and children, others none at all. There is no national threshold below which nothing is payable.

Can a gift be undone?+

Only in specific cases: breach of the conditions imposed, ingratitude on the recipient's part, or the giver later having children. Changing your mind is not enough, and revoking does not automatically refund the taxes paid.

What if I make a gift and die shortly afterwards?+

Gifts made in the four years before death are aggregated with the estate for the purpose of calculating the Inheritance Tax rate. They may also count as an advance on the recipient's forced share, which affects the division between heirs.

Keep reading

If you have an inheritance in hand

This guide is general information. Every estate has its own figures and deadlines: see how I can help with inheritance and estates.

Your case

Give now or wait? With your figures it becomes clear

Tell me what the asset is, what it cost, what it is worth today and where you live. With that I give you both figures and a recommendation.

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