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V3048-14 7 November 2014 · SG de Fiscalidad Internacional Criterion in force
IRNR · ganancia patrimonial

Inheritances from Liechtenstein residents taxed as patrimonial gains

A Liechtenstein-based foundation asks how to declare inheritances of Spanish assets. The DGT responds that, as Liechtenstein is a tax haven with no double taxation agreement, the inheritance constitutes a patrimonial gain subject to IRNR.

The question raised

1. Which form must be used to settle the inheritance? 2. If it is Form 210, what type of income or incomes would they be? 3. What would be the applicable tax rate? 4. When is the accrual deemed to have occurred? 5. Except for the real estate, which must be declared in a specific section, are the remaining inherited assets eligible for grouping?

The DGT's ruling

The acquisition of income gratuitously by a non-resident entity constitutes a capital gain subject to Non-Resident Income Tax (IRNR). The tax base is the normal market value of the acquired asset and the general rate is 24 percent (24.75% for 2012-2014). The tax accrues at the moment of the change in assets. As they arise from different assets, the income cannot be grouped in Form 210.

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