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A taxpayer inquired whether they must include assets for which they have become a usufructuary following their spouse's death in their Income Tax return. The Directorate General of Taxes (DGT) responded that acquisition through inheritance is not subject to Income Tax, as it is taxed under Inheritance and Gift Tax.
Cuestión planteada Si tiene que declarar los bienes recibidos en la declaración del Impuesto sobre la Renta de las Personas Físicas de 2019.
La adquisición de bienes o derechos por herencia no está sujeta al IRPF según el artículo 6.4 de la LIRPF, al estar sujeta al Impuesto sobre Sucesiones y Donaciones. El consultante no debe declarar los bienes recibidos, pero sí las rentas que estos generen desde el fallecimiento.
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