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V0874-20 15 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · herencia

It is not necessary to declare assets received through inheritance in the Personal Income Tax (IRPF)

A taxpayer asks whether they must declare assets received through their father's inheritance in their Personal Income Tax return. The DGT responds that acquisition by inheritance is not subject to Personal Income Tax because it is taxed under the Inheritance and Gift Tax.

The question raised

Question posed: Whether the assets received must be declared in the 2019 Personal Income Tax return.

The DGT's ruling

The acquisition of assets or rights through inheritance is not subject to Personal Income Tax pursuant to Article 6.4 of the LIRPF, as it is subject to the Inheritance and Gift Tax. However, the taxpayer must declare the income generated by said assets. In the case of urban real estate not used for economic activities nor generating capital income, there is an obligation to impute the corresponding imputed rental income.

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