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V1648-24 8 July 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · donación mortis causa

No capital gains on mortis causa gifts subject to suspensive or resolutive conditions

The taxpayer asks whether a mortis causa gift involving the immediate transfer of a family home is exempt from capital gains tax under Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) rules that the exemption for transfers due to death applies if the transfer is subject to a suspensive or resolutive condition.

The question raised

Application of the provisions of Article 33.3.b) of Law 35/2006.

The DGT's ruling

A mortis causa donation constitutes a succession title and the rules governing acquisitions by reason of death shall apply. The non-existence of capital gains under Article 33.3.b) of the Personal Income Tax Law (LIRPF) shall apply provided that the present transfer is subject to a suspensive or resolutory condition. If the transfer of rights over assets were not subject to any condition, it would have inter vivos effects and letter c) of the aforementioned article would apply.

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