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V0692-24 ·15 April 2024 ·consulta-vinculante Medium impact
Tax

No capital gains or losses on asset transfers via improvement pacts under Galician Civil Law

A self-employed individual decides to transfer agricultural machinery to their son through an improvement pact under Galician Civil Law. The DGT has ruled that this inter vivos transfer of assets is considered a gratuitous transfer by reason of death for Income Tax (IRPF) purposes.

In 6 key points

How it affects those involved

This ruling clarifies the tax treatment of transfers made under Galician Civil Law, specifically categorising 'improvement pacts' as mortis causa transfers for tax purposes, which affects how capital gains and losses are calculated.

Lifecycle

2024-04-15PublishedPublished 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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