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The question arises as to which administration is responsible for Succession and Gifts Tax when the deceased was a public official resident in France. The DGT determines that, since the deceased did not have habitual residence in any Autonomous Community, the responsibility lies with the State Tax Administration.
Cuestión planteada ¿Qué Administración es competente para gestionar el Impuesto sobre Sucesiones y Donaciones?
Para que el ISD corresponda a una Comunidad Autónoma de régimen común, deben cumplirse dos requisitos: que el sujeto pasivo sea residente en España y que el causante tuviera su residencia habitual en dicha Comunidad Autónoma a la fecha del devengo. Si el causante tiene su residencia habitual en el extranjero, la exacción del impuesto corresponde a la Agencia Estatal de Administración Tributaria.
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