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A resident in Spain inherited assets from a relative in Andorra and sought clarification on the applicable law. The DGT ruled that, due to the principle of free movement of capital, she may apply the laws of her own Autonomous Community.
Cuestión planteada Forma de liquidar el Impuesto sobre Sucesiones y Donaciones.
La exclusión de residentes en países terceros de la Disposición Adicional Segunda de la LISD es contraria al Derecho de la UE. Por tanto, los residentes en España que hereden de causantes en países fuera de la UE o el EEE tienen derecho a aplicar la normativa de la Comunidad Autónoma en la que residan. En este caso, la consultante aplicará la normativa de Cataluña.
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