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V0217-15 21 January 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Inheritance tax paid in Spain or abroad forms part of the acquisition value of the real estate

A taxpayer asks how to calculate the acquisition value of real estate inherited in Belgium to determine the capital gain upon its sale. The DGT responds that inheritance taxes paid both in Spain and in Belgium are included in said value.

The question raised

Question posed: Acquisition value of the real estate for the purposes of determining the capital gain derived from its sale in the year 2014.

The DGT's ruling

In gratuitous acquisitions, the acquisition value is that resulting from the application of the Inheritance and Gift Tax rules, not exceeding the market value. To this value, investments, improvements, and the expenses and taxes inherent to the acquisition are added. Therefore, both the portion of the Inheritance Tax quota paid in Spain and the tax satisfied abroad by real obligation are included in the acquisition value.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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