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V2204-14 7 August 2014 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · ganancias y pérdidas patrimoniales

Heirs must pay tax on capital gains from redeemed investment funds using the inheritance acquisition value

Heirs sought guidance on how to tax the redemption of investment funds used to pay Inheritance Tax. The DGT clarified that capital gains must be calculated using the inheritance value and explained how to handle excess tax withholdings.

The question raised

Question posed: Taxation applicable to the taxpayer regarding the redemption of investment funds and the treatment of the withholdings applied.

The DGT's ruling

Heirs must include in their Personal Income Tax (IRPF) the capital gains or losses from the redemption of funds, calculated using the acquisition value determined by the Inheritance Tax regulations. The acquisition date for heirs is the date of the decedent's death. If the management company applied excessive withholdings by using the deceased's acquisition date, the heirs may apply them in their IRPF tax return, but they may not request a refund if they have already deducted them in said return.

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What is published here, applied to a company or a specific case. The first meeting is free.

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