Skip to content
Back to index
V2433-14 15 September 2014 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · aceptación tácita

Renouncing usufruct after tacit acceptance of inheritance triggers new gift tax

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.

The question raised

Taxation of the transaction.

The DGT's ruling

If the inheritance has already been tacitly accepted, the subsequent renunciation of the usufruct constitutes a donation and generates a new taxable event. The beneficiaries shall be taxed on the higher value between the remaining dismembered ownership and the current donation. In the event of a donation of an individual enterprise, the 95% reduction may be applied if the age and economic activity requirements are met.

Book your free first meeting