BackThe recent resolution to the binding consultation V1924-24, from the General Directorate of Taxes, establishes clear guidelines to simplify the tax management of inheritance and property communities, offering solutions adapted to undivided estates.
This ruling allows communities to obtain a Tax Identification Number (NIF) in a simpler way, accepting both private and public documents to prove their existence. Furthermore, it clarifies that communities of property do not lose their tax entity if the composition of their co-owners changes, as provided for in Article 392 of the Civil Code. This ensures continuity in tax management, even in cases of changes in ownership.
Another important point is that the relict estate of an inherited community is considered an entity regulated by Article 35.4 of the General Tax Law. This allows it to be recognized as a taxable person, facilitating the regularization of transactions such as the leasing of real estate subject to VAT.
The consultation also places emphasis on ensuring an equitable attribution of income among the heirs, regardless of their level of participation in the administrative management of the community. This reinforces transparency and clarity in the handling of income derived from common property.
These new guidelines aim to improve the relationship between taxpayers and the Administration, providing a clearer and more efficient framework for managing shared estates. If you are part of a community of inheritance or property, this development represents an opportunity to facilitate your tax procedures and ensure proper compliance.
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