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A taxpayer asks how to tax the sale of an inherited property from 2004. The DGT explains that a capital gain or loss must be calculated by comparing the acquisition value (inheritance value plus expenses) with the transfer value.
Question raised: Taxation of the transaction for Personal Income Tax purposes and maximum sale value in the Community of Madrid.
The acquisition value of an inherited asset is the actual value for Inheritance and Gift Tax purposes (not exceeding the market value), plus investments, improvements, and expenses inherent to the acquisition paid by the heir. Inheritance Tax is prorated by applying the effective average tax rate to the portion of the taxable base corresponding to the asset. The transfer value is the actual sale amount, provided it is not lower than the market value, deducting the expenses and taxes inherent to the transfer paid by the seller.
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