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The taxpayer inquired whether transferring bare ownership of her property to her son through a Galician inheritance partition agreement is subject to Personal Income Tax (IRPF). The Directorate General for Tax Administration (DGT) ruled that this scenario is covered by the 'deceased's capital gains' exception.
This ruling clarifies that specific inheritance-based transfers under Galician civil law do not trigger capital gains tax for the transferor, providing legal certainty for succession planning.
The tax team reviews your specific situation.
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