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A query was raised regarding whether a nephew could apply Group III reductions when inheriting from an aunt-in-law following the death of the biological aunt. The DGT ruled that affinity-based kinship is extinguished upon the dissolution of the marriage, meaning the heir is considered a stranger for tax purposes.
Cuestión planteada Grado de parentesco de un tío por afinidad tras el fallecimiento de la tía consanguínea.
El parentesco por afinidad se genera y mantiene mientras subsista el matrimonio, pero se extingue por fallecimiento o divorcio. Al haber premuerto la tía consanguínea, el vínculo matrimonial desaparece y el parentesco por afinidad con el tío se extingue. En consecuencia, el heredero debe ser calificado como extraño y adscrito al Grupo IV del artículo 20.2 de la Ley 29/1987.
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