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V0788-15 11 March 2015 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
IP · renuncia de herencia

Renunciation of an inheritance after the statute of limitations on tax has expired will be taxed as a gift

Nephews wish to renounce the inheritance of their grandparents which their mother had not accepted at the time. The DGT responds that, as the tax on the original inheritance has expired, said renunciation is considered a gift.

The question raised

Question posed: Taxation of the transaction.

The DGT's ruling

When the repudiation or renunciation is carried out after the tax corresponding to the inheritance or legacy has expired, it shall be deemed for tax purposes to be a gift. In this case, the taxpayers shall be the donees.

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