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Consultants inquired how to quantify a cash legacy that must cover the taxes of the fiduciary heir and whether a tax extension triggers late payment interest. The DGT ruled that the legacy is calculated by subtracting the fiduciary's taxes (arising from the usufruct) from the total financial assets, and that any extension results in the accrual of late payment interest.
Cuestión planteada Cantidad a incluir en el legado de dinero.
El legado monetario se calcula restando de la cantidad total en cuentas y valores los impuestos que le corresponden al fiduciario por recibir el usufructo de la herencia. Respecto a los plazos, la prórroga en la presentación del impuesto implica un aplazamiento del pago, por lo que se devengan intereses de demora desde que finaliza el plazo de seis meses hasta la presentación efectiva.
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