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A query was raised regarding the place of taxation for the consolidation of usufruct over a dwelling and the legacy of a commercial premises. The DGT determines that ITPAJD is payable where the property is situated, and ISD is payable where the deceased had their habitual residence.
Cuestión planteada Lugar de tributación de la consolidación del dominio de la vivienda y del legado del local.
La consolidación del dominio por extinción del usufructo tributa por transmisiones patrimoniales oneras (ITPAJD) en la Comunidad Autónoma donde radiquen los inmuebles. Por otro lado, la adquisición de bienes por legado (ISD) se liquida en el territorio donde el causante tuviera su residencia habitual.
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