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A self-employed individual decides to transfer agricultural machinery to their son through an improvement pact under Galician Civil Law. The DGT has ruled that this inter vivos transfer of assets is considered a gratuitous transfer by reason of death for Income Tax (IRPF) purposes.
Cuestión planteada Aplicación de lo dispuesto en el artículo 33.3:b) de la Ley 35/2006.
La transmisión de bienes de presente a través de pactos sucesorios de mejora del Derecho Civil de Galicia tiene la consideración de transmisión lucrativa mortis causa. Por tanto, se aplica el artículo 33.3.b) de la Ley 35/2006, estimándose que no existe ganancia o pérdida patrimonial con ocasión de dicha transmisión.
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