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V0479-26 2 March 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
ISD · derecho de crédito

Returns from voluntary causante regularization are taxable under Inheritance and Gifts Tax

A heir asks whether amounts returned after voluntary causante regularization should be included in their personal income tax. The DGT responds that these amounts are taxable under Inheritance and Gifts Tax, not Personal Income Tax.

The question raised

Question posed: Whether the consultant must include the entirety of the amounts refunded in her Inheritance and Gift Tax return.

The DGT's ruling

The amount received by the heir is subject to Inheritance and Gift Tax as it constitutes an acquisition of assets and rights by inheritance. If the credit right was not included in the original tax return, a supplementary return must be filed for the total amount, including late payment interest. As they are subject to Inheritance and Gift Tax, these amounts are not taxed under Personal Income Tax.

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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