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A taxpayer inquired whether the balance of a current account held jointly with a deceased person must be taxed as part of an inheritance. The DGT ruled that bank account ownership only grants disposal powers towards the bank, but does not define the actual legal ownership of the funds.
Cuestión planteada Tributación de la operación y obligados tributarios.
La cotitularidad de una cuenta indistinta no presume la existencia de un condominio ni la propiedad por partes iguales sobre el saldo. La titularidad dominical depende de la pertenencia originaria de los fondos y debe probarse mediante las relaciones internas entre los titulares. Tras el fallecimiento de un cotitular, la parte del saldo que pertenecía al difunto debe integrarse en su caudal relicto y pasar a sus herederos.
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