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A query was raised regarding whether compensation received following a court ruling that annulled the purchase of inherited shares should be taxed under Inheritance Tax or Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that, as the change occurred after the accrual of the inheritance tax, it must be declared under Income Tax.
Cuestión planteada Si la recepción del dinero debe declararse en el IRPF o en el ISD
El impuesto sobre sucesiones se devenga el día del fallecimiento del causante sobre el valor de los bienes en ese momento. Las alteraciones patrimoniales de bienes heredados derivadas de un proceso judicial iniciado por el heredero en su condición de propietario no afectan al impuesto sucesorio. Dichas alteraciones deben tributar en el IRPF conforme a la normativa de alteraciones patrimoniales.
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