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An heir inquired whether a mortgage loan on an inherited property, settled via deed in lieu of foreclosure, could be deducted. The DGT ruled that the debt is deductible for the deceased as it reduces the individual acquisition value.
Cuestión planteada Si es posible deducir el préstamo hipotecario a la hora de liquidar el Impuesto sobre Sucesiones y Donaciones.
La base imponible en transmisiones mortis causa es el valor real de los bienes y derechos minorado por las cargas y deudas deducibles. La deuda existente en la masa hereditaria no minora el valor del bien inmueble, que debe declararse por su valor real, pero sí es una deuda deducible para el causahabiente que minora el valor de su adquisición individual.
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