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V2599-17 ·13 October 2017 ·consulta-vinculante Medium impact
Tax

Mortgages securing third-party debts cannot be deducted from estate assets

A query was raised regarding whether mortgages securing third-party debts on estate assets can be deducted for Inheritance Tax purposes. The DGT ruled that such a deduction is not possible because the deceased did not hold the debt personally.

In 6 key points

How it affects those involved

This ruling clarifies that only debts personally owed by the deceased can be used to reduce the taxable base of an inheritance, preventing the deduction of encumbrances that secure obligations of other individuals.

Lifecycle

2017-10-13PublishedPublished 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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