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A query was raised regarding which Autonomous Community is responsible for settling Inheritance Tax following the death of an individual who had moved their residence from Barcelona to Castilla-León. The DGT ruled that jurisdiction depends on where the individual resided for the majority of the days during the five-year period preceding their death.
Cuestión planteada Comunidad Autónoma competente para liquidar el Impuesto sobre Sucesiones y Donaciones.
La Comunidad Autónoma competente es aquella donde el causante haya tenido su residencia habitual según el artículo 32.2.a de la Ley 22/2009. La residencia habitual se determina por el territorio en el que se haya permanecido durante un mayor número de días en el periodo de cinco años inmediatos anteriores al devengo. En este caso, al haber residido la causante en Cataluña la mayor parte de ese periodo, la competencia es de dicha Comunidad Autónoma.
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