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V2335-22 10 November 2022 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · consolidación del dominio

Consolidation of ownership upon death of usufructuary taxed as onerous acquisition for ITP and AJD

The taxpayer, the bare owner of a property acquired for consideration, asks how the consolidation of ownership is taxed following the death of the usufructuary (their mother). The DGT rules that it must be taxed under ITP and AJD rather than Inheritance Tax.

The question raised

Taxation of the consolidation of ownership in the taxpayer following the death of their mother.

The DGT's ruling

When the property was dismembered through an onerous title and the asset is not used for economic activities, the consolidation of ownership upon the death of the usufructuary is taxed as an onerous acquisition of real estate via Transfer Tax (ITP) and Stamp Duty (AJD). Inheritance and Gift Tax does not apply; instead, the TRLITPAJD applies. This obligation persists even if the initial acquisition of the bare ownership was subject to VAT.

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