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V3191-18 14 December 2018 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · impuesto sobre sucesiones y donaciones

Inheritance allocation by a legal entity subject to Stamp Duty on documented legal acts

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.

The question raised

Taxation of the transaction.

The DGT's ruling

The increase in net worth obtained by a legal entity is not subject to Inheritance and Gift Tax. However, the deed of adjudication of the inheritance shall be taxed under the tax on documented legal acts, as it is a public deed capable of being registered in the Property Registry and having valuable content. If the entity were subject to Law 49/2002, it would be exempt from this tax.

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