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V4132-15 ·23 December 2015 ·consulta-vinculante Medium impact
Tax

Heir to an aunt-in-law deemed a stranger if the blood relative spouse has predeceased

A query was raised regarding whether a nephew could apply Group III reductions when inheriting from an aunt-in-law following the death of the biological aunt. The DGT ruled that affinity-based kinship is extinguished upon the dissolution of the marriage, meaning the heir is considered a stranger for tax purposes.

In 6 key points

How it affects those involved

This ruling limits inheritance tax benefits for relatives-in-law, as the legal link of affinity ceases to exist upon the death of the spouse, preventing the application of preferential tax rates reserved for blood relatives.

Lifecycle

2015-12-23PublishedPublished 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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