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V2652-14 7 October 2014 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · hecho imponible

Inheritance tax base determined by the value of assets at the date of death

A taxpayer inquired about the settlement of her father's estate following her mother's death in 2008, noting that neither the succession nor the community property regime had been liquidated. The DGT dismissed the query regarding the mother as being submitted out of time and clarified that the taxable base for the father's estate is calculated using the value of the assets at the time of his death.

The question raised

Settlement of the Tax.

The DGT's ruling

The tax base for Inheritance and Gift Tax in mortis causa transfers is the real value of the assets and rights, reduced by deductible charges and debts. The valuation of these assets must be carried out according to the date on which the accrual occurs, which is the day of the decedent's death. Therefore, the tax base is composed of the total value of the assets held by the decedent at the time of death.

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