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A query was raised regarding whether a legatee of an undivided share of an estate holds the same status as an heir for tax purposes. The DGT ruled that such a figure is assimilated to that of an heir for the taxation of Inheritance and Gift Tax.
Cuestión planteada Si la condición de legataria de parte alícuota la equipara frente a la Hacienda Pública en obligaciones y derechos a quienes tienen la condición de herederos.
La figura del legatario de cuota alícuota se asimila a la del heredero a los efectos de la tributación en el Impuesto sobre Sucesiones y Donaciones. Esto implica que se aplican las mismas reglas de determinación del valor neto patrimonial y de la participación individual en el caudal hereditario.
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