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V0289-24 5 March 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · accesión

Acquisition value of a plot includes inherited land and the market value of a building constructed by accession

A taxpayer has enquired about calculating the acquisition value of a plot of land that now includes a dwelling built by a third party without consent. The DGT has ruled that the acquisition value shall be the sum of the value of the inherited land plus the market value of the dwelling at the time of accession.

The question raised

1. Acquisition value to be assigned to the plot for the purpose of determining the capital gain or loss obtained in its future sale.

The DGT's ruling

The acquisition value of the plot encompasses both the land and the construction. For the land, acquired through inheritance, the value resulting from the Inheritance and Gift Tax regulations plus expenses and investments shall apply. For the dwelling, acquired by accession without compensation, the acquisition value is its market value at the time the accession occurred.

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