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V2516-25 16 December 2025 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
IP · hecho imponible

Inheritances must be declared in the year of death, not acceptance

The consultant asks whether inherited assets should be declared in the 2024 or 2025 tax return. The DGT confirms they must be included in the 2024 return as inheritance acceptance has retroactive effect from the date of death.

The question raised

Whether the taxpayer must file a Wealth Tax return corresponding to the 2024 fiscal year for the inherited assets, or whether the obligation arises in the 2025 fiscal year, the year in which the acceptance of the inheritance is formalized.

The DGT's ruling

Wealth Tax accrues on December 31 and applies to the assets held by the taxpayer on that date. According to the Civil Code, the effects of the acceptance of an inheritance are retroactive to the moment of the decedent's death. Therefore, the heir must include the inherited assets in their tax return for the fiscal year in which the death occurred.

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