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A query was raised regarding whether a person undergoing the adoption process can be taxed as a descendant over the age of 21 for Inheritance Tax purposes. The DGT indicates that until the adoption is legally finalised, the individual remains classified under kinship group III.
Cuestión planteada Si, a efectos de liquidar el Impuesto sobre Sucesiones y Donaciones, se puede producir la equiparación de la consultante a descendiente o adoptado mayor de 21 años.
La consultante formará parte del grupo III de parentesco salvo que la adopción se considere civilmente perfeccionada. Si la adopción se perfecciona, formará parte del grupo II. La DGT no puede determinar si la adopción se ha perfeccionado por ser un aspecto de orden civil y no tributario.
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