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A taxpayer inquired whether they could inherit as the mother (ascendant) of their deceased brother or if they must inherit as a sister. The DGT ruled that they must be taxed as a sister (second-degree collateral relative) because legal guardianship does not establish a kinship relationship.
Cuestión planteada Si la consultante, puede heredar como madre del causante o ha de hacerlo como hermana.
La condición de tutor legal no confiere el grado de parentesco de ascendiente para determinar el grupo de reducciones y coeficientes de la LISD. El parentesco se mide según el Código Civil, donde el tutor no es pariente del tutelado. Por tanto, la consultante debe tributar como colateral de segundo grado (Grupo III).
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