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V0093-26 20 January 2026 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · nuda propiedad

Transfer of funds to accounts without usufructuary may extinguish usufruct by consolidation of ownership

Consultants ask whether transferring funds from an account where the mother holds usufruct to one where they hold naked property constitutes a taxable event under ISD. The DGT states that if the mother is not listed as usufructuary on the destination account, the usufruct is extinguished by consolidation of ownership through the legal transaction.

The question raised

Question posed: Whether transfers of funds made from the bank account in which the applicants hold the bare ownership and the mother holds the life usufruct, carried out in favor of the bare owners, constitute a taxable event for Inheritance and Gift Tax.

The DGT's ruling

If the transfer of funds occurs to accounts where the mother does not appear as the usufructuary, the extinction of the usufruct occurs through the consolidation of ownership. The acquirer must pay tax on the higher of the two settlements: that pending from the dismemberment of ownership and that corresponding to the legal transaction performed. The Administration may qualify the real nature of the transaction (onerous or gratuitous) regardless of the denomination given by the parties.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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