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V0009-22 ·4 January 2022 ·consulta-vinculante Medium impact
Tax

No capital gains or losses on the transfer of bare ownership via succession pacts of improvement

A query was raised regarding whether the transfer of bare ownership of a property through a succession pact of improvement under Galician Civil Law is exempt from Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) has determined that such transfers are considered gratuitous transfers causa mortis, meaning no capital gain or loss arises.

In 6 key points

How it affects those involved

This ruling clarifies the tax treatment of specific succession mechanisms under regional civil law, confirming they are treated as gratuitous transfers rather than taxable capital gains/losses.

Lifecycle

2022-01-04PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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