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A query was raised regarding whether a commercial company should be subject to Inheritance and Gift Tax upon receiving assets following an heir's repudiation. The DGT ruled that legal entities are not subject to Inheritance and Gift Tax, but rather to Corporate Tax.
Cuestión planteada
Los incrementos patrimoniales obtenidos por personas jurídicas a título lucrativo no están sujetos al Impuesto sobre Sucesiones y Donaciones, sino al Impuesto sobre Sociedades. La entidad adquirente debe integrar en su base imponible el valor de mercado de los elementos patrimoniales adquiridos a título lucrativo. Esta integración se realizará en el periodo impositivo en el que se realicen las operaciones de las que derivan dichas rentas.
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