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V0929-23 20 April 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · nuda propiedad

The acquisition value of the bare ownership and the usufruct is determined through the rules of Inheritance Tax

A query is made regarding how to calculate the capital gain or loss for Personal Income Tax purposes when selling real estate where the bare ownership and usufruct were acquired by inheritance. The DGT clarifies that, as it is an acquisition for gratuitous consideration, the acquisition values are those resulting from the application of the rules of Inheritance and Gift Tax.

The question raised

They request to know the acquisition and transfer value of the bare ownership and the usufruct for the purpose of determining the capital gain or loss in Personal Income Tax.

The DGT's ruling

The acquisition value of the bare ownership and the usufruct, as they are acquired for gratuitous consideration, shall be those resulting from the application of the rules of Inheritance and Gift Tax, without exceeding the market value, plus the expenses and investments made. The transfer value shall be the actual amount of the disposal, deducting the expenses and taxes inherent to the transfer paid by the transferor. The actual amount of the disposal shall be the amount effectively paid, provided it is not lower than the normal market value.

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