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An heir receives a property through a legacy and compensates her siblings in cash to balance the inheritance. The DGT has ruled that, as there is a partition arranged by the testator, the excess allocation is not subject to Transfer Tax (ITPAJD).
Cuestión planteada Tributación de la operación.
Si el testador ha realizado la partición de sus bienes, los herederos deben respetarla siempre que no perjudique las legítimas. En este caso, al adjudicarse el inmueble legado y compensar a los hermanos en efectivo para cumplir con la voluntad del testamento, el exceso de adjudicación no constituye una transmisión patrimonial onerosa sujeta a ITPAJD. Cada heredero debe tributar conforme a lo establecido en su título hereditario.
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