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The taxpayer asks whether a mortis causa gift involving the immediate transfer of a family home is exempt from capital gains tax under Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) rules that the exemption for transfers due to death applies if the transfer is subject to a suspensive or resolutive condition.
This ruling clarifies the application of capital gains tax exemptions for property transfers occurring through inheritance-based gifts that are contingent upon specific legal conditions.
The tax team reviews your specific situation.
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