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A query was raised regarding whether capital gains arising from the donation of real estate to a public entity are exempt. The Directorate General for Tax (DGT) ruled that such gains are exempt if the donation is made to the State, Autonomous Communities, or Local Entities.
Cuestión planteada Si la ganancia patrimonial que pudiera generarse, estaría exenta.
Las ganancias patrimoniales que se manifiesten con ocasión de donaciones a las entidades del artículo 68.3 de la LIRPF están exentas. Esto incluye donaciones al Estado, Comunidades Autónomas, Entidades Locales y sus organismos autónomos, siempre que se cumplan los requisitos de la Ley 49/2002.
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