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A query was raised regarding whether an improvement pact (an advancement of inheritance) is exempt from taxation on the basis that it is not a gift. The Directorate General for Taxes (DGT) ruled that these pacts constitute succession titles and must be taxed under Inheritance Tax.
Cuestión planteada Se plantea la exención "de pago por no tratarse de una donación".
Los pactos sucesorios, como el pacto de mejora, son títulos sucesorios a efectos del Impuesto sobre Sucesiones y Donaciones. Por tanto, no tributan como donaciones (negocios jurídicos inter vivos), sino por el hecho imponible de adquisiciones por causa de muerte. El impuesto se devenga en el día en que se celebre dicho acuerdo.
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