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A taxpayer inquired about the tax implications for his wife and son following his death if they receive funds from a US-based trust. The Directorate General for Taxes (DGT) ruled that, as trusts are not recognised in Spain, transfers are considered to be made directly between the settlor and the beneficiary.
Cuestión planteada Tributación de la mujer y el hijo dependiendo si en el momento del fallecimiento del consultante son residentes o no en España.
Debido a la transparencia fiscal del trust, las transmisiones de bienes o rendimientos del settlor al beneficiario se consideran transmisiones directas. Si los beneficiarios son residentes en España, tributan por obligación personal sobre todos los bienes recibidos, sin importar su ubicación. Si no son residentes, tributan por obligación real únicamente por los bienes situados en territorio español.
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