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Consultants seek to treat assets from three separate estates as one to ensure equal distribution. The DGT states that each estate must be liquidated separately, and excess allocations that can be avoided through alternative groupings are subject to ITP.
Cuestión planteada Tributación de la operación
Cada masa hereditaria debe adjudicarse de forma independiente, respetando el porcentaje correspondiente a cada heredero en cada una. No es posible tratar varias herencias como una única masa hereditaria. Si los excesos de adjudicación no son inevitables (por ejemplo, si se pueden formar lotes equivalentes sin recurrir a bienes indivisibles), estos tributarán por la modalidad de transmisiones patrimoniales onerosas del ITP.
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