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V3226-19 22 November 2019 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · responsabilidad subsidiaria

Securities intermediaries in inheritances have a legal mandate to freeze assets until tax payment is proven

A query was raised regarding the subsidiary liability of intermediaries in the transfer of securities from an inheritance. The DGT ruled that, in addition to liability, there is a duty not to release assets to third parties without proof of tax payment or exemption.

The question raised

Extension of the subsidiary liability under Article 8.1.c) and the duty under Article 32.4 of the Inheritance and Gift Tax Law.

The DGT's ruling

Intermediaries in the transfer of securities from an estate have subsidiary liability that is extinguished upon settlement of the tax debt. Furthermore, pursuant to Article 32.4 of the Inheritance and Gift Tax Law, there is a prohibition on delivering assets to persons other than the holder without prior proof of tax payment or exemption. This implies the legal mandate to block such securities until the heir proves compliance or obtains a waiver from the Administration.

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