Skip to content
Back to index
V0575-17 7 March 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pacto de apartación

Capital gains from asset transfers via partition agreements are not subject to Personal Income Tax (IRPF)

A taxpayer inquired whether the transfer of assets to their children through a succession partition agreement (under Galician civil law) is subject to Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that this agreement is considered a gratuitous transfer upon death; therefore, no capital gain or loss arises.

The question raised

Taxation in Personal Income Tax (IRPF) regarding the transfer of assets through 'apartación'.

The DGT's ruling

The transfer of assets through the succession agreement of 'apartación' regulated in Law 2/2006 of Galician civil law is considered a gratuitous transfer due to the death of the taxpayer. Consequently, the exception in Article 33.3.b) of Law 35/2006 applies, as it is estimated that no capital gain or loss occurs as a result of said transfer.

Book your free first meeting