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Consultants have queried the taxation of renouncing the usufruct of an inheritance that has already been settled. The DGT indicates that, as there was a prior tacit acceptance, the subsequent renunciation is considered a gift subject to tax.
Cuestión planteada Tributación de la operación.
Si la herencia ya ha sido aceptada tácitamente, la renuncia posterior al usufructo constituye una donación y genera un nuevo hecho imponible. Los beneficiarios tributarán por el mayor valor entre la desmembración del dominio pendiente y la donación actual. En caso de donación de una empresa individual, podrá aplicarse la reducción del 95% si se cumplen los requisitos de edad y actividad económica.
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