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A query was raised regarding where Inheritance Tax should be filed when the deceased resided in one autonomous community, but their assets and tax domicile were located in another. The Directorate-General for Taxes (DGT) ruled that territorial jurisdiction belongs to the community where the deceased had their habitual residence.
Cuestión planteada Lugar de presentación del Impuesto sobre Sucesiones y Donaciones.
La competencia territorial para la presentación de documentos en adquisiciones por causa de muerte corresponde a la oficina del territorio donde el causante hubiese tenido su residencia habitual. La residencia habitual se determina por el lugar donde la persona permanezca un mayor número de días durante el período de cinco años inmediatos anteriores al devengo. En este caso, al haber residido el causante 10 años en Sevilla, el impuesto debe presentarse en Andalucía.
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