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V0630-22 24 March 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The acquisition date of an inherited property is the date of the deceased's death

The inquirer asks which acquisition date and value should be used to calculate the capital gains tax on a property purchased by their grandfather in 1952. The DGT determines that the acquisition occurs via inheritance on the date of the inquirer's father's death.

The question raised

For the purposes of Personal Income Tax (to calculate the capital gain or loss from the sale of the dwelling), to determine which acquisition date and which acquisition value must be used. Regarding the latter, since the deed executed in 2002 shows the price paid when the grandfather purchased the dwelling in 1952 (converted to euros), what acquisition value should be used if the acquisition date to be considered is after 1952.

The DGT's ruling

The acquisition date is the date of the decedent's death (26-09-1991), the moment when the acquisition by inheritance and the consolidation of full ownership occur. The acquisition value shall be the value of the full ownership resulting from the application of the Inheritance and Gift Tax rules, not exceeding the market value, plus investments, improvements, and inherent expenses.

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