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V1377-18 24 May 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · renta imputada

Imputed real estate income must be declared from the date of the deceased's death

A taxpayer inquired whether real estate received through inheritance should be declared in their 2017 Personal Income Tax (IRPF) return, having formally accepted the inheritance in 2018. The Directorate General for Taxes (DGT) ruled that the acquisition date is backdated to the moment of death.

The question raised

Question posed: Whether such properties must be taken into account in the 2017 Personal Income Tax return.

The DGT's ruling

The date of acquisition of inherited assets is the date of the decedent's death, as the effects of the acceptance are retroactive to that moment. Therefore, if the properties are not leased nor are they the primary residence, the heir must impute real estate income in their Personal Income Tax return from the date of death.

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