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V0857-22 21 April 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · nuda propiedad

Acquisition date and value from 1991 maintained upon consolidation of full ownership following death of usufructuary

A taxpayer inquired about calculating the acquisition value of a property for which they had held bare ownership since 1991, but which became full ownership in 2016 following the death of the usufructuary. The DGT ruled that the extinction of the usufruct does not constitute a new acquisition, but rather a recovery of rights; therefore, the original values and dates from 1991 must be maintained.

The question raised

A request to determine the acquisition and transfer values in order to calculate the capital gain or loss for Personal Income Tax purposes.

The DGT's ruling

The extinction of the usufruct due to the death of the usufructuary does not constitute a new acquisition for Personal Income Tax purposes; rather, the owner recovers the rights of enjoyment. If the adjudication occurs within the extinction of a hereditary community without patrimonial alteration, the original acquisition dates and values are preserved (in this case, 1991). The acquisition value shall be that resulting from the Inheritance and Gift Tax regulations, plus expenses, taxes, and investments.

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