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A resident in Ireland inquired whether burial and funeral expenses paid there could be deducted from Inheritance and Gift Tax in Spain. The Directorate General for Taxes (DGT) ruled that, as non-residents, they are only taxed on assets located in Spain and must apply the same principle of territoriality to debts and expenses.
Cuestión planteada Si los gastos de entierro y funeral abonados en Irlanda se pueden deducir del Impuesto sobre Sucesiones y Donaciones.
Los contribuyentes no residentes tributan por obligación real, es decir, únicamente por los bienes y derechos situados en España. Este criterio de territorialidad se aplica también a las deudas y gastos deducibles. Por tanto, los gastos de entierro y funeral realizados en el extranjero no son deducibles de la base imponible en España.
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