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The taxpayer inquires about the taxation of acquiring rights held by an insurance policyholder against an insurer. The DGT determines that, as the transaction occurs between private individuals, it constitutes an onerous transfer of assets subject to tax.
Cuestión planteada Tributación de la operación.
La adquisición de derechos de rescate de un seguro entre particulares constituye una transmisión patrimonial onerosa sujeta al ITPAJD. La base imponible para determinar el impuesto es el valor del derecho de rescate de la parte que se transmite. En la transmisión de créditos o derechos para obtener bienes determinados, se exigirá el impuesto por los mismos conceptos y tipos que la transmisión de dichos bienes.
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