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A query was raised regarding whether an heir can deliver a legacy of real estate to a legatee without the latter proving payment of the relevant tax. The Directorate General for Taxes (DGT) ruled that the delivery of assets requires prior evidence of payment or tax exemption.
This ruling clarifies that the obligation to prove tax compliance precedes the transfer of legacy assets, placing a procedural requirement on heirs before they can fulfil their duty to legatees.
The tax team reviews your specific situation.
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