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A query was raised regarding whether a son-in-law could benefit from the provisions of Article 33.3.c) of the IRPF (Personal Income Tax) law after receiving a donation of a pharmacy office. The Directorate General for Taxes (DGT) ruled that, although a son-in-law is considered an affine descendant, the ten-year maintenance period required by state law must be observed to avoid capital gains tax under the IRPF.
This ruling clarifies that the tax exemption for donations is strictly subject to the statutory holding period, regardless of the familial relationship of the recipient.
The tax team reviews your specific situation.
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