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V0632-24 11 April 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · residencia fiscal

Sale of a foreign inheritance share may trigger taxable capital gain

The consultant asks whether income from selling their share of a mother's inheritance in France must be declared in Spain. The DGT explains that declaration depends on fiscal residency and that the property sale may generate a capital gain.

The question raised

1.- Tax residence of the taxpayer in the 2023 tax period and their obligation to file an income tax return in Spain.

The DGT's ruling

Tax residence is determined by staying in Spain for more than 183 days or by having the core of economic interests in the country. If the taxpayer is a tax resident, the sale of their share of an inherited real estate property generates a capital gain or loss. This gain is calculated as the difference between the acquisition value (by inheritance) and the transfer value. In the case of real estate in France, Spain will tax the gain, applying the international double taxation deduction.

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