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V0601-21 16 March 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de adquisición

Original acquisition value and date are maintained following the dissolution of a co-ownership

The taxpayer inquires about the acquisition value of real estate received through inheritance and subsequently participating in the dissolution of a co-ownership. The DGT responds that, as the allocation corresponds to the ownership share, there is no change in the assets and the original values and dates are preserved.

The question raised

Question posed: The taxpayer wishes to know the acquisition value for purposes of Personal Income Tax.

The DGT's ruling

The dissolution of a community of property where the allocation corresponds to the ownership share does not constitute a change in the composition of the assets. Therefore, it does not generate a capital gain or loss and does not allow for the updating of values. The assets retain the original acquisition value and acquisition date from the inheritance. An alteration of assets would only occur if assets were allocated at a value exceeding the ownership share.

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