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A taxpayer has requested clarification on how to calculate capital gains for Income Tax purposes after donating a property previously acquired for consideration. The Directorate General for Taxes (DGT) clarifies that if the Autonomous Community conducted a value verification for Transfer Tax (ITP), that verified value must be used as the actual acquisition amount.
This ruling provides legal certainty regarding the calculation of capital gains or losses in cases where the acquisition value was subject to administrative verification by regional tax authorities.
The tax team reviews your specific situation.
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