The abolition of the inheritance tax by some autonomous administrations and its possible discrepancy with articles 31 and 133 of the Spanish Constitution

This study aims to analyze the current situation of inheritance taxation in Spain and evaluate the legitimacy crisis surrounding the decision of whether to tax mortis causa transfers, as well as the scope and conditions under which such taxation should occur. The Inheritance and Donations Tax (IDT) frequently sparks debate, and this paper aims to analyze its evolution since its transfer to the Autonomous Communities, tracing its development to the present day. A thorough examination is essential to clarify its significance within a modern tax system, its role in the new system of regional financing, and the reforms necessary for its potential continuation, while also assessing the level of public dissatisfaction it provokes. The methodology employed in this paper involved a review of the existing literature, current legislation, and available scientific-academic resources relevant to the topic. The approach is predominantly theoretical and intentionally cross-disciplinary, aimed at enhancing accessibility and comprehension.

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Publication Details

Journal
Journal of Infrastructure Policy and Development
Published
2024-11-21
DOI
https://doi.org/10.24294/jipd9452
Primary Topic
Finance, Taxation, and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

The abolition of the inheritance tax by some autonomous administrations and its possible discrepancy with articles 31 and 133 of the Spanish Constitution

Daniel Martínez Cristóbal
Journal of Infrastructure Policy and Development
Finance, Taxation, and Governance
article

The abolition of the inheritance tax by some autonomous administrations and its possible discrepancy with articles 31 and 133 of the Spanish Constitution

Daniel Martínez Cristóbal
article en

Abstract

This study aims to analyze the current situation of inheritance taxation in Spain and evaluate the legitimacy crisis surrounding the decision of whether to tax mortis causa transfers, as well as the scope and conditions under which such taxation should occur. The Inheritance and Donations Tax (IDT) frequently sparks debate, and this paper aims to analyze its evolution since its transfer to the Autonomous Communities, tracing its development to the present day. A thorough examination is essential to clarify its significance within a modern tax system, its role in the new system of regional financing, and the reforms necessary for its potential continuation, while also assessing the level of public dissatisfaction it provokes. The methodology employed in this paper involved a review of the existing literature, current legislation, and available scientific-academic resources relevant to the topic. The approach is predominantly theoretical and intentionally cross-disciplinary, aimed at enhancing accessibility and comprehension.

Journal of Infrastructure Policy and DevelopmentVol. 8(14)
Universidad Rey Juan Carlos (ES), University of Namibia (NA), National Alliance on Mental Illness (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 69%
Finance, Taxation, and Governance
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