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V0170-19 ·25 January 2019 ·consulta-vinculante Medium impact
Tax

Inheritance in favour of a foundation is subject to the variable rate of Stamp Duty (AJD)

A query was raised regarding whether an inheritance received by a foundation should be taxed at the variable rate of Stamp Duty (AJD) and before which authority. The Directorate General for Taxes (DGT) ruled that, as it is not subject to Inheritance Tax or Transfer Tax (ITP), the deed must be taxed at the variable rate of AJD before the Autonomous Community where the Land Registry is located.

In 6 key points

How it affects those involved

This ruling clarifies the tax obligations for foundations receiving inheritances, specifically confirming the application of the variable AJD rate when other inheritance-related taxes do not apply.

Lifecycle

2019-01-25PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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