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A taxpayer requested a ruling regarding the taxation of a trust involving the bare ownership of shares and social interests received via a will. The DGT determined that the taxpayer is the liable party and that the tax base shall be the market value of said assets.
Cuestión planteada Modalidad del fideicomiso y tributación del mismo.
En las sustituciones fideicomisarias, el impuesto se exige en la institución y en cada sustitución. El fiduciario y los fideicomisarios se reputan meros usufructuarios, salvo que puedan disponer de los bienes por actos inter vivos o mortis causa. Al adquirir el fideicomiso sobre la nuda propiedad, la base imponible estará compuesta por el valor real de los bienes.
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