It often happens that the savings from one’s work accumulate in the current account, a financial instrument that almost everyone now owns with a credit institution. As we know, there are different formulas and types of current accounts that seek in various ways to respond to the needs of savers. There are current accounts that have restrictions on the deposit of shares. Others, on the other hand, use joint ownership with a wife, husband or family member. Each solution involves the application of certain rules and constraints that it is good to know in order to make an informed choice. For example, depositing money in the joint bank account triggers the donation to the spouse or family member in these cases that we analyze below.
How to change the joint bank account
In some families, the choice of a joint current account can follow reasons of utility and savings. The possession of a current account, in fact, involves expenses that sometimes people prefer not to incur in a doubled way. However, this does not exclude the possibility of changing one’s opinion over time to make changes to the contract. In a previous article we have indeed explained how to remove the name from the joint bank account without closing it. If, on the other hand, you intend to permanently terminate the contract, it is useful to know who can close a joint current account. In addition to the changes, the question many people often ask themselves is how the division of deposits on such a type of contract works.
Depositing money in the joint bank account triggers the donation to the spouse or family member in these cases
Let’s assume the case of a taxpayer who works and deposits his savings in the joint account with his wife, husband or child. In such circumstances, could it happen that the shares paid by one automatically become half of the property of the co-holder? The sums paid into the joint account with separate signature and availability can be configured as an indirect donation only when the spirit of liberality is attested. This means that the action of the deposit by one of the two joint holders, as a donor, produces an enrichment for the recipient.
This happens when the presence of the so-called animus donandi is attested, for which the deposits belonging to the one follow the one of liberality as the sole purpose. This is what sentence no. 1 of the Court of Lucca of 02 January 2019. in indirect donations, therefore, the intention to donate must emerge from the circumstances that define the intentionality of the donor case by case. According to the provisions of article 782 of the civil code, indirect donation does not provide for the execution of a public act. This means that money deposited in such an account cannot be taxed as an act of donation. This is what thepursuant to article 56-bis of Legislative Decree no. 346/1990. If these elements are confirmed, then it is possible to consider the deposits on the joint account as an indirect donation.
Deepening
It seems incredible but the money in the proxy bank account is at risk even in these cases
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