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V0110-21 28 January 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Capital gains or losses from the sale of inherited property are assessed based on the specific right transferred

A taxpayer inquired about how the mother (usufructuary) and the children (nuda proprietors) should be taxed under Personal Income Tax (IRPF) following the sale of an inherited flat. The Directorate General of Taxes (DGT) ruled that each individual must calculate their respective gain or loss based on the specific legal right they hold.

The question raised

They request to know whether they must pay tax under the Personal Income Tax according to the indicated percentages.

The DGT's ruling

The capital gain or loss is attributed to the holders of the assets, rights, or patrimonial elements from which they derive. In this case, the gain or loss from the bare ownership is attributed to the children and that from the usufruct to the mother. The calculation is performed individually for each taxpayer based on their respective acquisition and transfer values.

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