Politics · Spain · 9 hrs ago

Spain’s Supreme Court says heirs must pay income tax on estate gains before acceptance

Spain’s Supreme Court says heirs must pay income tax on estate gains before acceptance

Spain’s Supreme Court has ruled that named heirs must pay income tax on gains from an unaccepted estate.

The case involved two nephews in Spain who were named equal heirs to their aunt’s estate, but her will barred them from accepting it for six years.

In 2014, managing and selling estate assets produced a gain of 1.4 million euros, giving each nephew just over 700,000 euros.

One nephew declared his share for income tax, then sought a refund, arguing he had not yet acquired the inheritance and could be taxed later under inheritance tax.

The court said the two taxes apply to different things: income tax covers gains made while the estate is being managed, while inheritance tax applies when the heirs acquire the assets.

It rejected the claim that the ruling caused double taxation and upheld a 23,400-euro penalty imposed on the nephew.

The ruling sets a legal standard for future cases, including when a will delays the heirs’ ability to accept an inheritance.

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