TAX
REFORM

4/7/2026

GIFT TAX

  • A temporary 50% reduction of the gift tax is proposed to encourage early gifting or estate planning.
  • Currently, gift tax applies to the net value of each gift, using a progressive rate from 1% to 25%
  • Although only 50% of the tax will be payable, the full amount may be credited against the future inheritance tax.
  • Donations between spouses will be permitted on an irrevocable basis.
  • In addition, gifts will be exempt from the judicial approval procedure (insinuación) and must be granted by public deed. The donor will also be required to file a sworn statement declaring their estate for the purpose of safeguarding forced heirship rights.
  • Taxpayers will have a period of 12 months, counted from the first day of the month following the publication of the law, to execute the gift and benefit from this regime.
  • Gifts may not exceed 75% of the donor’s estate.

The information contained in this publication was prepared by Carey y Cía. Ltda. for educational and informational purposes only and does not constitute legal advice.