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V2593-21 25 October 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pacto sucesorio

No capital gains or losses on asset transfers via succession pacts with present effects

A query was raised regarding whether the transfer of assets through a succession pact of definition (a succession pact with present effects) is exempt from Personal Income Tax (IRPF). The DGT has determined that these transfers are considered lucrative by reason of death and, therefore, do not generate any capital gains or losses.

The question raised

Personal Income Tax taxation: application of the provisions of Article 33.3.b) of Law 35/2006.

The DGT's ruling

The transfer of assets through succession agreements with present effects, regulated under various regional laws, is considered a lucrative transfer due to the taxpayer's death. Consequently, the tax exclusion provided in Article 33.3.b) of the Personal Income Tax Law applies, as it is estimated that no capital gain or loss exists. This criterion extends to other succession agreements other than the Galician 'apartación'.

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