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The children of a deceased person are claiming dependency benefits that their mother did not receive during her lifetime. The Directorate-General for Taxes (DGT) has ruled that these amounts must be subject to Inheritance and Gift Tax.
Cuestión planteada Tributación de la cantidad percibida por los consultantes.
Al ser los consultantes herederos, la percepción de las cantidades adeudadas a la causante se realiza en su calidad de tales. Por tanto, el importe está sujeto al Impuesto sobre Sucesiones y Donaciones y no al IRPF. Si no se incluyó este derecho de crédito en la autoliquidación, se debe presentar una complementaria por el importe total o por la diferencia.
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