A lucrative transmission exists when an exchange or transaction occurs without consideration, that is, when there is an exchange without receiving anything from one of the parties.
In the field of civil and commercial law, there are figures of onerous and lucrative transmission . While the former there is a consideration for the transaction or exchange of a good, right, property or asset ; In the lucrative transmission it occurs in those cases in which one party gives anything to another with economic valuation without receiving anything in return, so it can be similar to a donation or gift.
This type of transaction is also called a “free-of-charge” transaction or exchange because it is a de facto gift from one party to the other.
Profitable Transmission Situations
Transactions for profit are related within civil law with acts of transfer of goods and rights, and that is why in most countries a special tax intervenes in these cases, which are usually taxes on donations , successions and legacies . The lucrative transfers, usually occur in those circumstances in which there is a special relationship between the parties , such as family relationships or strong union between people or organizations.
The idiosyncrasy of this legal figure allows the transfer of assets between physical and legal personality in a “free” manner, as long as one of the parties does not give anything in exchange for receiving a good or right, but that nevertheless is subject to taxes in the in the event that this donated asset generates additional income.
For greater control and not to make fun of the country’s haciendas, both from the fiscal point and from patrimonial control, these transactions are usually subject to taxes that prevent the simulation of onerous transactions or irregular payments between parties.