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A taxpayer has enquired whether they must pay the tax on the increase in value of urban land for a property with uncertain ownership. The DGT states that determining ownership is a civil matter and that, if the property were owned by the taxpayer through inheritance, they would be the taxable person for this tax.
Cuestión planteada Si corresponde la liquidación del Impuesto sobre el Incremento de Valor de los Terrenos de Naturaleza Urbana respecto de esta vivienda, en la que no tiene certeza respecto a la titularidad de la misma.
El hecho imponible del IIVTNU requiere un incremento de valor derivado de una transmisión de terrenos o derechos reales. En transmisiones a título lucrativo, el sujeto pasivo es quien adquiere el terreno. Si la propiedad se adquiere por herencia (mortis causa), se produce el hecho imponible y el adquirente es el contribuyente.
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