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A taxpayer inquired whether the transfer of assets to their children through a succession partition agreement (under Galician civil law) is subject to Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that this agreement is considered a gratuitous transfer upon death; therefore, no capital gain or loss arises.
This ruling clarifies that specific succession agreements under Galician civil law do not trigger capital gains tax for the recipient, as they are treated as transfers for no consideration due to death.
The tax team reviews your specific situation.
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