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A taxpayer holding the bare ownership of a property inquired about how to tax the gift of a life usufruct by their mother. The DGT ruled that the taxpayer must compare the outstanding tax settlement resulting from the split ownership with the amount due for the current gift, and pay the higher of the two.
Cuestión planteada Tributación de la donación del usufructo.
Al producirse la consolidación del dominio por una causa distinta a la muerte o al plazo previsto, el adquirente pagará la mayor de las liquidaciones entre la pendiente por la desmembración del dominio y la del negocio jurídico que extingue el usufructo. Para la donación, se aplicará el tipo vigente, el valor actual del inmueble y la edad de la donante. El valor del inmueble será el valor de referencia catastral, salvo que el declarado sea superior.
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