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V0411-25 20 March 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · renuncia a la herencia

Renunciation of inheritance to a specific person triggers capital gain or loss in IRPF

An heir asks whether renouncing their inheritance share in favour of their brother constitutes a donation for IRPF purposes. The DGT responds that since the renunciation is to a specific person, it is considered to involve a prior acceptance and a subsequent donation, which has tax consequences under IRPF.

The question raised

Question posed: Whether the aforementioned renunciation must be taxed for Personal Income Tax purposes as a donation of the real estate.

The DGT's ruling

Renouncing in favor of a specific person implies the acceptance of the inheritance and a donation of the hereditary portion. This generates a capital gain or loss for Personal Income Tax purposes based on the difference between the acquisition value (value at the time of the decedent's death according to Inheritance and Gift Tax rules) and the transfer value (value at the time of the donation according to Inheritance and Gift Tax rules). If a capital loss occurs from this lucrative transfer inter vivos, it shall not be deductible for the taxpayer.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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