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V3062-20 13 October 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pacto de apartación

Transfer of investment fund units via Galician partition agreement exempt from Personal Income Tax

A query was raised regarding whether the transfer of investment fund units to forced heirs through a partition agreement under Galician civil law is exempt from Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that, as it constitutes a succession agreement, it is considered a gratuitous transfer by reason of death and does not generate a capital gain or loss.

The question raised

Taxation in Personal Income Tax (IRPF) of the transfer.

The DGT's ruling

The transfer of assets through the succession agreement of apartación regulated in Law 2/2006 of Galician civil law is considered a lucrative transfer by reason of death. Therefore, the exception in Article 33.3.b) of Law 35/2006 applies, as it is estimated that there is no capital gain or loss subject to Personal Income Tax (IRPF).

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