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Claiming of deferral for establishing tax liability upon a capital donation to a spouse or child 

In the event of a donation of financial assets, including gratuitous conveyance under a conveyance deed, assessment of tax liability of a spouse or a child may be postponed. A donee's capital gain is determined upon the disposal of financial assets. In this case, the amount and date of capital gain is considered to be the value of property and the date of acquisition of property and financial assets by the donor.
Who

Taxable persons who donate financial assets to their spouses or children may claim a deferral of tax liability assessment. When taxable persons claim a deferral of their tax liability assessment, their tax liability is not determined for the time when they dispose of their financial assets in favour of their spouses or children, but the assessment of their tax liability is deferred until the next taxable disposal of financial assets donated by their spouses or children.


When

Taxable persons donating property must claim a deferral of assessment of their tax liability for disposal of financial assets within 15 days of donation date, and taxable persons donating securities or equity interests in companies, cooperatives and other legal forms of businesses by 28 February of the current year for donations in the previous year.

Taxable persons donating securities or equity interests in companies, cooperatives and other legal forms of businesses must claim a deferral of assessment of their tax liability for disposal of financial assets within 15 days of donation date and by 28 February of the current year for donations in the previous year provided that they file a return for all their disposals of securities and equity interests in the previous year.


Where and how

Taxable persons referred to in the preceding paragraph must claim a deferral of the assessment of their tax liability for the disposal of financial assets with the tax authority with which they are obliged to file their capital gains tax returns.


Forms

Declaration of the claim for tax liability assessment deferral in donating capital to a spouse or a child
Electronic submission    Fill/print     Instructions


Fee

No fee.


Sanctions

There are no sanctions.