In the case of gradual or residual gifts as referred to in articles 1048 to 1061 of the Civil Code, at the time of the transmission, the legatee or donee established first is liable for transfer duties on the assets transmitted under the conditions of ordinary law. The legatee or donee established second is not liable for any duty.
On the death of the first legatee or donee, the assets transferred are taxed according to the degree of kinship between the testator or donor and the second legatee or donee. The applicable tax regime and the taxable value of the assets transmitted to the second legatee or donee are determined by taking the date of death of the first legatee or donee.
The duties paid by the first legatee or donee are deducted from the duties due on the same assets by the second legatee or donee.