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V0930-22 29 April 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Two separate acquisition dates and values must be applied to calculate capital gains on property

A taxpayer inquired about how to calculate the acquisition value and date for a property consisting of one part purchased and another inherited. The Directorate General for Tax Affairs (DGT) ruled that both percentages must be distinguished to determine the capital gain or loss.

The question raised

Value and acquisition date of the property for the purpose of determining the capital gain or loss in Personal Income Tax.

The DGT's ruling

The property will have two acquisition dates: that of the percentage acquired for consideration in 2003 and that of the inherited percentage (the time of death). The acquisition value of the portion acquired for consideration shall be the actual amount plus expenses and investments, whereas that of the inherited portion shall be the value resulting from the Inheritance and Gift Tax regulations plus the expenses and taxes inherent to said acquisition.

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