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A query was made regarding how to determine the deceased's residence for the settlement of Inheritance Tax. The DGT indicates that habitual residence must be considered based on the five years preceding the accrual.
Cuestión planteada Determinación de la residencia del causante a efectos de la liquidación del Impuesto sobre Sucesiones y Donaciones.
Para la atribución del Impuesto sobre Sucesiones a una Comunidad Autónoma, se debe determinar la residencia habitual del causante en función del periodo de cinco años inmediatamente anteriores al día del devengo. La acreditación de dicha residencia es una cuestión de hecho que debe probarse ante la Administración tributaria correspondiente.
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