A great negotiation between the Xunta and the Government weighs, it has not been possible to solve the "deep discrepancy" between both executives in relation to inheritances in life, a legal figure of the Galician Civil Code that allows property to bequeathed to descendants before death, a kind of anticipation of heredity. The differences were based on one point: the claim of the central Executive that if an heir in life sells a bequeathed property before five years, it is subject to a tax burden. Not being able to resolve itself in six months of contacts, the regional government has chosen to resort to the Constitutional Court alleging that the initiative of the Pedro Sánchez Executive, specifically two of its articles, invades the powers of the Autonomous Community.
It was announced this Friday by the president of the Xunta, Alberto Núñez Feijóo, at the press conference after the meeting of the Government Council, which was held this time in La Coruña: "The Government hinders [living inheritances] with a new law and listen that if a property is sold in the next five years it becomes tax fraud”, lamented the regional president before the press. For this reason, after collecting the pertinent reports from the Consultative Council, they have decided to take the matter before the Constitutional Court, as this body considered that there were more than sufficient reasons for an appeal of unconstitutionality.
As of 2016, the regional regulation allowed these donations in life of properties to be exempt from taxes up to one million euros. And the Xunta wants it to continue to be so. “We do not want any tax to be paid for it, which is also from the autonomous community. Its new taxes and we are of legal age to manage them”, added Feijóo, who showed that the legislative modification of the central government “invades powers” of the Autonomous Community.
an inheritance advance
Also, consider that there is a comparative tort to when that property bequeaths after death. “If when a father or a mother dies you can receive a million euros [without tax charges], why do you have to wait until you die to avoid paying taxes?”, the Galician president lamented yesterday at a press conference.
Feijóo defended the great benefit that he considered that this figure of the Autonomous Civil Code grants to Galicians. This figure allows the heirs to dispose of properties of their fathers or mothers before they die. The objective is to have family heritage, either to enjoy it directly; to sell it and buy other properties, or to start an economic activity. For this reason, the Xunta does not understand that the state rule will presuppose that he sells a property before five years will commit tax fraud, and preventively thought of taxing the operation.
