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V2387-17 20 September 2017 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · sustitución fideicomisaria

Right to a refund of inheritance tax paid on bare ownership in fideicommissary substitutions

An heir has enquired whether they can recover the portion of Inheritance Tax paid on the bare ownership of assets that were not disposed of by the fiduciary. The Directorate General for Taxes (DGT) has ruled that they can, as the transfer of assets to the fideicommissaries renders the previous payment for full ownership undue.

The question raised

Question posed: Whether there is a right to request a refund of the portion of the tax paid for the bare ownership of the assets not disposed of by the fiduciary.

The DGT's ruling

When a fiduciary settles the tax for full ownership having the power of disposal, they are entitled to a refund of the portion corresponding to the bare ownership of the assets they have not disposed of. This right arises at the moment the assets are transferred to the fideicommissaries, which triggers the tax liability for the new acquirers. The refund must be requested through a supplementary self-assessment by the heir of the fiduciary, integrating said amount into the estate.

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