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A taxpayer inquired whether they could inherit as the mother (ascendant) of their deceased brother or if they must inherit as a sister. The DGT ruled that they must be taxed as a sister (second-degree collateral relative) because legal guardianship does not establish a kinship relationship.
This ruling clarifies that legal guardianship does not create a direct line of descent for tax benefits, meaning guardians cannot claim the more favourable tax rates reserved for direct ascendants.
The tax team reviews your specific situation.
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