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V1598-22 1 July 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · caudal relicto

Assets inherited by a mother form part of her estate if accepted, even if legal title has not been transferred

A taxpayer inquired how to declare in her inheritance assets that her mother inherited from her grandfather but which are still registered in the grandfather's name. The DGT clarifies that if the mother accepted the inheritance, those assets constitute part of her estate for Inheritance Tax purposes.

The question raised

How the assets inherited by the mother from her grandfather, which are still registered in her grandfather's name, should be reflected in the Inheritance and Gift Tax settlement.

The DGT's ruling

If the mother accepted the inheritance expressly or tacitly, the assets and rights acquired are integrated into her estate. This occurs regardless of whether the change of ownership of the assets has been carried out. In such a case, said assets form part of the taxable base of the Inheritance and Gift Tax upon the mother's death.

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