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V3358-16 15 July 2016 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
IRPF · rendimientos del capital mobiliario

Dividends from inherited shares must be taxed in the heirs' personal income tax

A query was raised regarding whether dividends from bequeathed shares belong to the deceased or the legatees following death. The DGT ruled that, as the shares are acquired at the time of death, the income must be taxed in the heirs' personal income tax (IRPF).

The question raised

Whether the dividend belongs to the deceased or to the legatees.

The DGT's ruling

The acquisition of the inherited shares occurs derivatively upon acceptance, but its effects are retroactive to the moment of death. Since the shares are considered acquired on the date of death and the dividends are payable subsequently, these returns on movable capital must be attributed to and taxed in the Personal Income Tax (IRPF) of the heirs.

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