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V1179-24 23 May 2024 · SG de Tributos Locales Criterion in force
OTRO · iivtnu

Acquisition value for IIVTNU shall be the price paid by the community of property when purchasing the property

A query was raised regarding the acquisition value of a property for Capital Gains Tax purposes following the liquidation of a community of property. The DGT ruled that the original purchase price paid by the marital community must be used.

The question raised

Question posed: The question is raised as to what the acquisition price is.

The DGT's ruling

The liquidation of the community of property does not constitute a transfer and does not trigger the accrual of the IIVTNU. For future transfers, the acquisition value shall be the price at which the marital community acquired the real estate. The period of value increase generation shall be counted from the date on which the marital community acquired the dwelling.

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