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V1120-17 10 May 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The acquisition value of shares for calculating capital gains is the actual amount paid

A taxpayer asks how to determine the acquisition value of shares following a bank merger to calculate capital gains or losses. The DGT rules that the acquisition value is the actual amount effectively paid, which must be substantiated by the taxpayer.

The question raised

Procedure to determine the amount of the capital gain or loss that may arise.

The DGT's ruling

The capital gain or loss from the transfer of securities is calculated as the difference between its acquisition value and its transfer value. The acquisition value consists of the actual amount for which the acquisition was made plus inherent expenses and taxes. This actual amount must be substantiated by the taxpayer through means of proof admitted by law.

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