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A query was raised regarding whether a legatee must pay tax on real estate income from a property that has not yet been handed over due to a dispute between heirs. The DGT ruled that, as it is a legacy of a specific asset, the legatee becomes the owner from the moment of the testator's death.
Cuestión planteada Al no haber sido entregado el legado, se pregunta si procede la imputación de rentas inmobiliarias al legatario respecto al 50 por 100 de la vivienda.
El legatario de una cosa específica y determinada adquiere la propiedad desde el momento de la muerte del testador, sin necesidad de aceptación. Por tanto, la imputación de rentas inmobiliarias del porcentaje legado corresponde al legatario desde el fallecimiento del causante, en su condición de titular.
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