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V2072-21 ·9 July 2021 ·consulta-vinculante Medium impact
Tax

Commutation of non-forced usufruct subject to ISD and ITP/AJD depending on the transaction

A query was raised regarding whether the commutation of a universal usufruct (not derived from a forced share) between a spouse and heirs is taxed as a partition of an inheritance. The DGT ruled that, as these are not forced heirship rights, two independent legal transactions occur: the acceptance of the inheritance subject to ISD, and a subsequent exchange subject to ITP and AJD.

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2021-07-09PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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