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V0282-19 13 February 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

Acquisition value of shares shall be the transfer value applied to the previous seller

A taxpayer asks which acquisition value should be used when selling shares if the previous seller's transfer value was increased by the Tax Administration. The DGT rules that the value must be calculated in accordance with Article 37.1.b) of the Personal Income Tax Law (LIRPF).

The question raised

What shall be the acquisition value thereof for the purposes of calculating the capital gain or loss to be included in the Personal Income Tax.

The DGT's ruling

The acquisition value of the shares shall be the transfer value calculated in accordance with Article 37.1.b) of the Personal Income Tax Law (LIRPF) for the previous acquirer. This value must be considered as such, without prejudice to any subsequent modification by a final judicial or administrative resolution. The effectiveness of subsequent provisional assessments based on assessments from previous periods is recognized.

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