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V0760-16 25 February 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Determining the acquisition value of a property received via donation

A taxpayer has inquired about how to calculate the capital gain or loss resulting from the sale of a property received as a donation. The Directorate General for Taxes (DGT) clarifies that the acquisition value shall be determined by applying the rules of Inheritance and Gift Tax, without exceeding the market value, plus any acquisition costs and taxes.

The question raised

Calculation of capital gains or losses.

The DGT's ruling

For transfers for consideration, the acquisition value consists of the actual amount resulting from the Inheritance and Gift Tax rules (not exceeding the market value) plus the expenses and taxes inherent to the acquisition. The transfer value is the actual amount effectively paid, provided it is not less than the normal market value, deducting the expenses and taxes of the disposal.

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