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V0106-23 1 February 2023 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · base imponible

Legacies of third-party property and legacies of maintenance are deductible charges from the Inheritance Tax taxable base

Heirs inquire whether they may deduct from their tax the amounts that a court judgment obliges them to pay to a legatee. The DGT responds that these payments are considered legacies of third-party property and legacies of maintenance, and are therefore deductible charges.

The question raised

Question raised How the inquirer and his brother should proceed at a tax level, as they have paid tax on an estate that was subsequently reduced due to a judicial judgment.

The DGT's ruling

The legacy of third-party property is considered a charge imposed on the successor to accept the inheritance, and is therefore deductible from the taxable base. Consequently, the amounts that heirs must pay to a legatee for this reason or for a legacy of maintenance reduce the taxable base of the tax. However, if the judgment establishing said obligation is not final, it is not appropriate to request a rectification of the tax return.

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