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A query was raised regarding whether a person legally separated from their spouse should apply the Group II multiplier coefficient in a gift tax context. The DGT ruled that legal separation does not sever the matrimonial bond, meaning the kinship group remains unchanged.
Cuestión planteada Grupo de parentesco a efectos del coeficiente multiplicador.
La separación legal no produce la ruptura del vínculo matrimonial, según el Código Civil. Al no existir distinción en la normativa tributaria sobre la condición de separados, los cónyuges deben incluirse en el Grupo II del artículo 20.2.a) de la Ley 29/1987.
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