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A taxpayer queried which administration is responsible for settling Inheritance and Gift Tax regarding a donation of cash and securities from abroad. The DGT ruled that, as the donees are residents of Guipúzcoa, jurisdiction lies with the Guipúzcoa Provincial Treasury.
Cuestión planteada Administración tributaria competente para liquidar el Impuesto.
En donaciones de dinero y bienes que no sean considerados inmuebles, la exacción corresponde a la Diputación Foral donde el donatario tenga su residencia habitual. En el caso de valores que pudieran considerarse inmuebles según la Ley del Mercado de Valores, la competencia de la Hacienda Foral dependerá de que dichos bienes radiquen en territorio vasco.
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