Donation from parents to children without taxation, that's when

Historic ruling of the Court of Cassation: donations are not always subject to taxation even if they exceed the exemptions established by law, if, in fact, there is no obligation to register the deed, the obligation to pay the tax is not triggered, but it is good to pay attention to further investigations.
The ruling that is causing a sensation is 74442 of 2024 of the Court of Cassation, published on March 20 and attached at the bottom of the article.
The same underlines that donations for which registration is not mandatory are not subject to taxation unless there is a voluntary declaration, made, for example, in the case of checks relating to income taxes or failure to pay a registration tax.
The Court of Cassation reiterates that donations are exempt from tax if they have a value lower than the exemptions established by law.
The deductibles are: 1 million euros for deeds in favor of spouses and relatives in a direct line; 100 thousand euros for brothers and sisters; 1 million and 500 thousand euros for donations in favor of disabled people.
In the case of donations in favor of subjects other than those mentioned above, there is an obligation to pay the donation tax on the entire amount.
Donation by parents and children without taxation, here's when Tax free donation even if higher than the deductibles: the case The case, unregistered indirect donation Indirect donation exempt from taxation: what to pay attention to? Tax free donation even if it exceeds the deductibles: the case What happens if you make a donation of an amount exceeding the deductibles and you fail to pay the donation tax? If the effect occurs without the need to register the deed, there are effectively no consequences, but if there is an exchange of wealth of a certain nature and the financial administration investigates, other crimes may emerge.
Consequently, it may be useful to declare the donation made and pay the tax.
However, the Court of Cassation reiterates that if the deed produces effects independently of registration and there is no obligation, in effect the gift tax is not due.
The case, unregistered indirect donation In the case in question the benefactor is the paternal uncle of a lady who decides to donate approximately 816 thousand euros to her niece (the deductible does not apply).
The donation takes place through a bank order, dated 20 May 2014, of financial assets held in a current account opened in Switzerland (outside Italian territory) and crediting to a current account opened on 8 November 2013 at the same branch of the Swiss bank.
The beneficiary, with a declaration filed on 22 July 2014 with a notary, also in Switzerland, had refused the donation.
However, the refusal has no value because the money remains in that account opened by the lady and registered in the lady's name.
Regarding this transfer, the Revenue Agency requests the payment of approximately 65,000 euros as gift tax.
The beneficiary appeals, at first instance the appeal is rejected, at second instance the same fate.
The beneficiary then appeals to the Court of Cassation and it is there that the judges develop the thesis of the possibility of inapplicability of the gift tax to donations for which there is no registration requirement and for which voluntary registration does not take place.
read also Donation tax: what is it and when is it paid Indirect donation exempt from taxation: what to pay attention to? At this point it is necessary to outline the case of indirect donation constituted by a legal act that produces effects similar to direct donation, such as a contract in favor of a third party or any act that causes the undue enrichment of others.
The carrying out of a material activity or behavior that has the effect of enriching the other person constitutes an informal donation and among these there is the provision of a bank transfer.
In the case in question, however, the lady is condemned precisely because regardless of the legal qualification given to the transaction carried out, it does not appear doubtful that there is animus donandi on the part of the donor and the effective transfer of wealth to the beneficiary's account .
Added to this is the voluntary declaration that the operation in question is indeed a donation.
The statement comes from the donor.
It follows that in the cases seen, the gift tax can be avoided by using a scheme that does not require registration of the deed.
However, it is necessary to pay attention because the case could be relevant and integrate other crimes and consequently it could be economically convenient to bring out the operation with the right qualification.