How the DGT's position has evolved
Current position
Gratuitous transfers with present effects, such as mortis causa donations or improvement pacts, are classified as succession titles subject to Inheritance and Gift Tax (ISD). By taxing under this tax, liability for Personal Income Tax (IRPF) is excluded to avoid double taxation. Under IRPF, these operations do not generate a capital gain or loss pursuant to article 33.3.b of Law 35/2006 (LIRPF).
The DGT's position remains constant in classifying gratuitous transfers with a succession character as taxable events for ISD. The evolution focuses on technical precision regarding the application of article 33.3.b of the LIRPF in transfers with present effects. The doctrine confirms that the succession nature prevails over the classification of an inter vivos transaction.
Turning points
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Establishes that the non-existence of a capital gain in IRPF depends on whether the transfer is subject to a suspensive or resolutory condition.
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Confirms that succession pacts with present effects are considered transfers by reason of death, applying the capital gain exemption of article 33.3.b of the LIRPF.
Analysis based on 46 of 46 rulings with a stated position. Updated 19 September 2026.