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V1471-25 6 August 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · herencia yacente

Gains from property sales in suspended inheritance attributed to beneficiaries by share

The DGT responds that gains from property sales made by a probate administrator during a suspended inheritance are attributed to the members of the suspended inheritance under the rules of rental attribution.

The question raised

Question posed: Taxation of the capital gain derived from the sale of real estate by the executor while the estate remains unsettled.

The DGT's ruling

Capital gains from the transfer of real estate from an estate are allocated according to ownership during each period. Gains exigible after death and prior to acceptance are attributed to the members of the unsettled estate through the income attribution regime. In this case, the gain is attributed to the legatees in proportion to their share of participation in the unsettled estate.

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