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V0808-22 13 April 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · donación

Taxation based on the higher assessment applies to usufruct donations following inheritance adjudication

A query was raised regarding the taxation of a donation of usufruct made by a surviving spouse following the adjudication of an inheritance. The DGT has determined that taxation must be based on the higher of the two assessments: the donation made or the one pending due to the dismemberment of ownership.

The question raised

Taxation of the donation of usufruct.

The DGT's ruling

In the donation of usufruct, the donee must pay tax based on the higher of the following settlements: that corresponding to the gratuitous renunciation (donation) and that which remains pending due to the dismemberment of ownership. The deadline for filing the tax return is thirty business days from the execution of the donation deed, using form 655.

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