Skip to content
V0142-22 ·28 January 2022 ·consulta-vinculante Medium impact
Tax

Exchange of usufruct for bare ownership subject to IHT and ITPAJD depending on the circumstances

A query was raised regarding whether the exchange of widow's usufruct for bare ownership between a mother and her children is taxed as an excess of adjudication. The DGT ruled that, if there is a will containing a legacy of usufruct, this constitutes two distinct legal transactions: the inheritance (IHT) and a subsequent exchange (ITPAJD).

In 6 key points

Lifecycle

2022-01-28PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

Does this provision affect you?

The tax team reviews your specific situation.

Talk to the tax team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact