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V1838-24 ·1 August 2024 ·consulta-vinculante Medium impact
Tax

No capital gains or losses on the transfer of assets through succession improvement pacts

A query was raised regarding whether the transfer of real estate interests through an improvement pact in favour of children is subject to Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that these transfers are considered gratuitous transfers by reason of death, meaning no capital gain or loss arises.

In 6 key points

How it affects those involved

This ruling clarifies that assets transferred via improvement pacts are treated as testamentary transfers rather than standard sales, exempting them from capital gains tax under IRPF.

Lifecycle

2024-08-01PublishedPublished 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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