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V0833-15 ·13 March 2015 ·consulta-vinculante Medium impact
Tax

Legacies subject to a suspensive condition must be declared in the inheritance tax return even if payment is deferred

A taxpayer inquired whether a legacy contingent upon the sale of a hotel must be included in the inheritance tax return. The DGT ruled that the legacy must be declared within six months of the death, even if the actual payment is deferred until the condition is met.

In 6 key points

How it affects those involved

This ruling clarifies that the obligation to declare assets in an inheritance tax return arises upon death, regardless of whether the fulfillment of a condition delays the actual transfer of the legacy.

Lifecycle

2015-03-13PublishedPublished 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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