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A query was raised regarding how the balance of joint or indistinct bank accounts should be declared following the death of one of the holders. The DGT clarifies that the power of disposal is not synonymous with ownership of the funds and that, upon the death of a holder, their share of the balance passes to their heirs.
Cuestión planteada Declaración de los saldos existentes en las cuentas.
La cotitularidad de una cuenta indistinta solo otorga facultades de disposición frente al banco, pero no determina la propiedad de los fondos. La titularidad dominical depende de la procedencia originaria del dinero y debe probarse fehacientemente. Tras el fallecimiento de un cotitular, la parte del saldo que pertenecía al fallecido pasa a sus herederos y debe tributar en el Impuesto sobre Sucesiones y Donaciones.
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