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V0668-20 2 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Acquisition value of an inherited commercial premises: inheritance value plus expenses minus depreciation

A taxpayer has enquired about calculating capital gains from the sale of inherited commercial premises and whether the ninth transitional provision applies. The DGT has ruled that the acquisition value consists of the inheritance value plus expenses, less depreciation. Furthermore, the application of the relevant tax reduction depends on the date of acquisition and whether the property is used for economic activity.

The question raised

Determination of the acquisition value of the premises for the purpose of calculating the capital gain, and whether the ninth transitional provision is applicable.

The DGT's ruling

The acquisition value of an inherited asset is composed of the value resulting from the Inheritance and Gift Tax regulations, plus the expenses and taxes inherent to the acquisition, minus the depreciation carried out. The acquisition date is the date of the decedent's death. The ninth transitional provision does not apply to the inherited portion as it was acquired in 2007, but it could apply to the mother's portion if the asset were not used for economic activity and the three-year de-dedication period were met.

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