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V1151-23 ·5 May 2023 ·consulta-vinculante Medium impact
Tax

Legal fees and Inheritance Tax are included in the acquisition value of inherited assets

A query was raised regarding whether legal fees and Inheritance and Gift Tax can be added to the acquisition value to calculate capital gains. The DGT ruled that, as the acquisition is made for gratuitous consideration, these costs and other inherent expenses form part of said value.

In 6 key points

How it affects those involved

This ruling clarifies that taxpayers can increase the acquisition value of inherited property by including legal fees and inheritance taxes, thereby reducing the taxable capital gain upon a subsequent sale.

Lifecycle

2023-05-05PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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