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A taxpayer inquired whether transferring a property to their daughter through a succession partition agreement (under Galician civil law) could benefit from the exemption on capital gains triggered by death. The Directorate General for Taxes (DGT) ruled that, as this constitutes an inter vivos legal transaction, the exemption regarding the deceased's capital gains does not apply.
Taxpayers using Galician succession partition agreements must be aware that these transfers are treated as inter vivos transactions, meaning they do not benefit from the specific tax exemptions applicable to transfers upon death.
The tax team reviews your specific situation.
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