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V2599-24 17 December 2024 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · donación mortis causa

Mortis causa gifts with a pact of present transfer are taxed as inheritances but do not qualify for the Art. 20.2.c reduction

A query was raised regarding whether a mortis causa gift involving immediate transfer (a pact of present) can benefit from the tax rates and reductions applicable to inheritances. The DGT ruled that it is taxed as a mortis causa acquisition and the tax accrues upon signing the contract; however, it does not allow for the reduction under Article 20.2.c of the LISD because the deceased has not yet passed away.

The question raised

Subjecting the 'mortis causa' donation to the status of a 'mortis causa' acquisition for Inheritance and Gift Tax purposes, with the application of the tax scale for this modality and its reductions. The timing of the accrual of this operation.

The DGT's ruling

A mortis causa donation is a succession title and not an inter vivos transaction, therefore the rules for mortis causa acquisitions apply. In pacts of present succession, the tax accrues on the day the agreement is executed. However, the reduction provided in Article 20.2.c of the LISD is not applicable to these pacts of present because the requirement that the decedent be a deceased person is not met.

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