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A query was raised regarding the taxation of a donation to be transferred upon the donor's death. The DGT clarifies that such transactions are considered testamentary titles and must be taxed under Inheritance Tax.
Cuestión planteada Tributación de la operación.
La donación mortis causa se califica como título sucesorio y no como negocio jurídico gratuito e inter vivos. Por ello, se aplican las normas relativas a las adquisiciones por causa de muerte en cuanto a hecho imponible, base imponible, reducciones, devengo y obligaciones formales. Se aplicarán las normas de la Comunidad Autónoma donde resida la futura causante.
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