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A taxpayer inquired whether transferring a property to their daughter through a succession partition agreement (under Galician civil law) could benefit from the exemption on capital gains triggered by death. The Directorate General for Taxes (DGT) ruled that, as this constitutes an inter vivos legal transaction, the exemption regarding the deceased's capital gains does not apply.
Los pactos sucesorios de apartación regulados en la Ley 2/2006 de Galicia son negocios jurídicos inter vivos que implican la adjudicación de bienes en vida. Por tanto, la ganancia patrimonial derivada de estas transmisiones no está amparada por la excepción del artículo 33.3.b) de la Ley del IRPF. No obstante, si el inmueble es la vivienda habitual de los transmitentes mayores de 65 años, la ganancia estará exenta por el artículo 33.4.b) de la misma ley.
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