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V0499-22 14 March 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · nuda propiedad

Consolidation of ownership does not expire due to the expiration of the acquisition of bare ownership

The taxpayer asks whether the consolidation of full ownership of a property has expired because the acquisition of the bare ownership had already expired. The DGT rules that these are distinct moments of enforceability and that the limitation period for consolidation begins to run once the usufruct is extinguished.

The question raised

Whether, given that the taxation for the acquisition of the bare ownership of the property has prescribed, the consolidation of ownership over the same would also be prescribed.

The DGT's ruling

The acquisition of bare ownership and the consolidation of full ownership constitute a single tax obligation with two distinct moments of enforceability. The statute of limitations for the consolidation of ownership begins to run six months after the death of the usufructuary. Therefore, the statute of limitations on the bare ownership does not imply the statute of limitations on the consolidation if four years have not elapsed since the settlement for the extinction of the usufruct should have been filed.

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