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V2717-23 ·6 October 2023 ·consulta-vinculante Medium impact
Tax

No tax on capital gains from asset transfers via improvement pacts

A taxpayer inquired whether transferring a property to their children through an improvement pact (under Galician civil law) is exempt from Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that these types of succession pacts are considered gratuitous transfers by reason of death.

In 6 key points

How it affects those involved

This ruling clarifies that transfers made through improvement pacts are treated as death-related transfers rather than standard sales, affecting how capital gains are assessed for tax purposes.

Lifecycle

2023-10-06PublishedPublished 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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