How the DGT's position has evolved
Current position
Succession agreements and mortis causa donations with present effects are considered lucrative transfers by reason of death. As they are mortis causa transfers, the tax exclusion under article 33.3.b) of the IRPF (Personal Income Tax) Law applies. This implies that there is no capital gain or loss in the transfer for the transferor, even if the death has not occurred at the time of signing.
The DGT's position remains constant in classifying succession agreements as mortis causa lucrative transfers. The evolution shows a consolidation of the criterion to specifically include mortis causa donations and improvement agreements with present effects. It is confirmed that these operations do not generate capital gains or losses for IRPF purposes.
Turning points
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Extends the criterion that transfers through succession agreements with present effects, such as the Mallorcan definition, are lucrative transfers by reason of death without capital gains.
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Specifies that the improvement agreement is integrated into the mortis causa lucrative transfer under article 33.3.b) of the IRPF, even if the transferor has not passed away.
Analysis based on 48 of 49 rulings with a stated position. Updated 23 September 2026.