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An entity enquired whether the legacy of bank accounts and real estate was subject to Inheritance and Gift Tax. The DGT ruled that, as a legal entity, it is not subject to said tax; however, the deed will be subject to Stamp Duty on documented legal acts.
Cuestión planteada Tributación de la operación.
El incremento patrimonial obtenido por una persona jurídica no está sujeto al Impuesto sobre Sucesiones y Donaciones. Sin embargo, la escritura de adjudicación de herencia tributará por actos jurídicos documentados al ser una escritura pública inscribible en el Registro de la Propiedad y tener contenido valuable. Si la entidad estuviera acogida a la Ley 49/2002, quedaría exenta de este impuesto.
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