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A query was raised regarding whether a niece could apply the 95% Inheritance Tax reduction upon receiving an asset that was used in the deceased's business activity. The Directorate-General for Taxes (DGT) ruled that this reduction only applies when receiving the value of an individual enterprise, a professional business, or shares in entities.
Cuestión planteada Aplicabilidad de la reducción prevista en la Ley del Impuesto sobre Sucesiones y Donaciones.
La reducción del 95% prevista en el artículo 20.2.c) de la Ley 29/1987 requiere que la adquisición mortis causa incluya el valor de una empresa individual, negocio profesional o participaciones en entidades. Al tratarse de una herencia constituida por un bien determinado afecto a la actividad, no se cumplen los requisitos para aplicar la reducción.
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