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V0681-22 30 March 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The acquisition and transfer value of shares is determined by their actual amount to calculate capital gains or losses

A taxpayer asks how to calculate capital gains or losses when selling shares for which there is no proof of purchase. The DGT explains that the result depends on the difference between the acquisition value and the transfer value.

The question raised

In the event of transferring said shares, how should the calculation of the capital gain or loss to be included in the Personal Income Tax be carried out.

The DGT's ruling

The capital gain or loss is determined by the difference between the acquisition value and the transfer value. The acquisition value includes the actual purchase amount plus inherent expenses, investments, and taxes. The transfer value is the actual sale amount, deducting the expenses and taxes paid by the transferor. The accreditation of these values may be carried out by any means of proof admitted in Law, with their assessment remaining at the discretion of the Administration.

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