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V0780-22 11 April 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The acquisition value of inherited property is determined by Inheritance and Gift Tax

A query was made regarding the acquisition value and date of a property received through inheritance for the purpose of calculating capital gains. The DGT ruled that the value is that resulting from Inheritance and Gift Tax regulations and the date is that of the deceased's death.

The question raised

It is requested to determine the value and acquisition date of the real estate property for the purpose of calculating the capital gain or loss in the Personal Income Tax.

The DGT's ruling

As it is an acquisition for gratuitous consideration, the acquisition value shall be that resulting from the application of the Inheritance and Gift Tax rules, not exceeding the market value, plus investments, improvements, and inherent expenses. The acquisition date is backdated to the moment of the deceased's death.

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