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A taxpayer inquired whether they must include assets for which they have become a usufructuary following their spouse's death in their Income Tax return. The Directorate General of Taxes (DGT) responded that acquisition through inheritance is not subject to Income Tax, as it is taxed under Inheritance and Gift Tax.
This clarification confirms that the transfer of assets via inheritance is exempt from Income Tax (IRPF) to avoid double taxation, as these transactions fall under the scope of Inheritance and Gift Tax.
The tax team reviews your specific situation.
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