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V0104-26 21 January 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

IVA in property swap cannot be included in acquisition value

The consultant asks whether IVA paid in a property swap involving an inherited property can be added to the acquisition value for calculating capital gain. The DGT responds that, since the swap is annulled by a rescission clause, the IVA is not part of the acquisition value as the buyer is entitled to a refund.

The question raised

Whether the following expenses may be taken into account as part of the higher acquisition value for the purpose of calculating the resulting capital gain:

The DGT's ruling

The acquisition value includes the actual amount of the acquisition, investments, improvements, and inherent expenses or taxes, excluding interest. In inherited assets, the actual amount is that determined by the Inheritance and Gift Tax regulations. The VAT paid in the exchange cannot be included as part of the higher acquisition value, as said tax levies the future dwelling and the resolution of the exchange determines the right to its refund. However, expenses and taxes inherent to the exercise of the resolutory condition necessary to recognize the ownership of the land may be included.

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