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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.
El adquirente de bienes por herencia está obligado al pago del ISD. Al ser no residente, tributa por obligación real únicamente por los bienes situados, que puedan ejercitarse o deban cumplirse en España, o por seguros de vida con entidades españolas. Ante un litigio sobre el testamento, los plazos de presentación se interrumpen y se reanudan al día siguiente de la resolución judicial firme. La base imponible es el valor real de la parte adquirida, menos cargas y deudas deducibles.
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