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A non-resident inquires about their tax situation following the death of their father and the judicial challenge to the will. The tax authority states that they must pay tax on assets located in Spain and that the judicial dispute interrupts the filing deadlines.
Cuestión planteada Tributación que le corresponde al consultante.
La adquisición de bienes por herencia constituye el hecho imponible del ISD, siendo el causahabiente el sujeto pasivo. Al ser no residente, la obligación es real, tributando solo por bienes situados en España o seguros de vida con entidades españolas. Si existe un litigio sobre el testamento, los plazos para presentar la declaración se interrumpen y se reanudan al día siguiente de la resolución firme. La base imponible es el valor real de la parte adquirida, menos cargas y deudas deducibles.
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