Eight million two hundred thousand euros, that’s how much a mother had transferred to her daughter, with funds held abroad, in the case that ended up before the Court of Cassation. From there was born the title that has been bouncing around online for days: in the case of a bank transfer to the children, the 8% tax is triggered. Put like this, however, the news doesn’t stand up.
The case decided by the Supreme Court
Ordinance no. 15315 of 20 May 2026 of the Tax Section, which is not exactly fresh, concerns a taxpayer convinced that she can pass off the operation as an interest-free loan. The judges found no evidence of a real obligation to repay. For them it was a donation, that is, a free enrichment of their daughter, and the 8% tax requested by the tax authorities had to be confirmed. The Court also clarified that it is not necessary for the taxpayer to expressly speak of “donation”: what counts is what he declares during the assessment.
Where does the 8% come from?
The rule is article 56-bis of Consolidated law on inheritances and donations (Legislative Decree 346/1990), amended by Legislative Decree 139/2024. It concerns donations other than formal donations that emerge from declarations of the interested party during the assessment of other taxes. In that case the rate is 8%, but only on the part that exceeds the deductible.
What changes for families
For ordinary help, almost nothing, because a sum received by parents does not constitute income for Irpef purposes, and on donations between parents and children the deductible of 1 million euros remains for each beneficiary, beyond which 4% is paid. In short, a bank transfer of 20 or 50 thousand euros does not trigger any tax.
The issue, if anything, is another. The donation of money that is not of modest value (and the “modest” value must be measured on the assets of the donor) requires a public deed, as provided for by articles 782 and 783 of the Civil Code. If, however, the money is a loan, it is advisable for the reason to state this and for there to be a document on the repayment. Otherwise, as the daughter of the 8 million discovered, the word “loan” carries little weight.
