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V0293-24 5 March 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Property acquisition value for Income Tax shall be the value verified by the Autonomous Community following an ITP review

A taxpayer has requested clarification on how to calculate capital gains for Income Tax purposes after donating a property previously acquired for consideration. The Directorate General for Taxes (DGT) clarifies that if the Autonomous Community conducted a value verification for Transfer Tax (ITP), that verified value must be used as the actual acquisition amount.

The question raised

Acquisition value of the real estate for the purpose of calculating capital gains in Personal Income Tax.

The DGT's ruling

In gratuitous transfers, the transfer value is that resulting from the Inheritance and Gift Tax regulations, without exceeding the market value. For the acquisition value of real estate purchased for consideration, the value verified by the Autonomous Community following a valuation check for Inheritance and Gift Tax purposes must be applied. Furthermore, capital losses derived from gratuitous transfers shall not be accounted for.

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