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Heirs residing in Spain have sought clarification on which regulations apply and where to file tax returns following the death of a grandmother residing in Andorra who left a property in Catalonia. The Directorate General of Taxes (DGT) has ruled that state regulations must be applied and the tax must be filed with the Central State Administration.
Cuestión planteada Tributación de los herederos y lugar de presentación.
Al ser la causante residente en Andorra, país que no pertenece a la Unión Europea ni al Espacio Económico Europeo, no se aplica la normativa de la Comunidad Autónoma donde se hallen los bienes. Por tanto, los herederos deben aplicar la normativa estatal del Impuesto sobre Sucesiones y Donaciones. Asimismo, al no residir la causante en ninguna Comunidad Autónoma española, el organismo competente para la gestión es la Administración Central del Estado.
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