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V3195-17 13 December 2017 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
IS · pacto sucesorio

Transfer of bare ownership via succession agreement taxed according to its civil nature

Consultants inquired whether the transfer of bare ownership of company shares through a succession agreement is considered a mortis causa transfer. The DGT ruled that the tax treatment depends on whether the agreement constitutes a cumulative inheritance or an inheritance by particular attribution under the Civil Code of Catalonia.

The question raised

Whether the concept of mortis causa transfer is applicable to the transfer of bare ownership of shares through a succession agreement.

The DGT's ruling

If it is a cumulative inheritance, the transfer of assets currently held is an acquisition by reason of death and does not generate a capital gain or loss for Personal Income Tax purposes. If it is an inheritance by particular attribution, the transfer of assets currently held is considered a donation and is governed by the regulations for inter vivos acquisitions. The accrual of tax in succession agreements with lifetime delivery occurs on the day the agreement is executed.

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