Supreme Court hits deferred inheritances: their yields are taxed immediately
The Court dismisses double taxation with Inheritance and rules that the income attribution regime operates from the time of death, without waiting for the deadline set by the deceased. Thus, the gains from the inheritance must be declared immediately in the Income, even if the testator has prohibited accepting or enjoying the assets for years.
The Spanish Supreme Court has ruled that heirs must declare income generated by an estate immediately, even if they are not allowed to accept or enjoy the assets for a certain period. The court has established that the regime of attribution of income operates from the date of death, not from the date when the heir is entitled to take possession of the assets.
In a case involving two siblings who were designated as heirs with a six-year waiting period, the court decided that they must declare a capital gain of over €1.41 million generated by the sale of assets during that period. The court rejected the argument that this would lead to double taxation with the Inheritance and Gift Tax.
Written by urgent.news from Expansion ES's report — not a translation of it. Machine-written — may contain errors; check the original before relying on it.
