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V1189-24 23 May 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Acquisition dates and values for each inherited share must be distinguished to calculate capital gains

A taxpayer holding a percentage of a property acquired through two different inheritances in different years seeks guidance on determining acquisition and transfer values. The DGT rules that the value of each share must be calculated separately, based on the date of each inheritance and the regulations governing Inheritance and Gift Tax.

The question raised

Request to determine the acquisition and transfer values of the apartment for the purpose of determining the potential capital gain or loss for Personal Income Tax purposes.

The DGT's ruling

Since different percentages of a property were acquired at different times through inheritance, there are several acquisition dates. The acquisition value of each inherited portion is composed of the value resulting from the Inheritance and Gift Tax regulations (not exceeding the market value), the tax amount paid, and inherent expenses such as notary fees, registry fees, or municipal capital gains tax. The transfer value shall be the actual amount of the disposal, provided it is not lower than the market value, deducting the expenses inherent to the transfer.

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