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The taxpayer inquired whether the transfer of a plot of land to her son through a succession agreement with present effects is exempt from Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that such transfers are considered gratuitous transfers by reason of death and are not subject to capital gains tax.
This ruling clarifies that transfers made through succession agreements with present effects are treated as transfers by reason of death, thereby exempting them from capital gains tax under IRPF.
The tax team reviews your specific situation.
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