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V1210-24 28 May 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Calculating capital gains or losses on the sale of inherited property

A taxpayer has requested clarification on how to calculate the capital gain or loss following the sale of an inherited house and garage. The DGT explains that the acquisition value shall be the amount determined in the Inheritance Tax return, plus any inherent acquisition costs.

The question raised

Calculation of the corresponding capital gain or loss.

The DGT's ruling

The capital gain or loss is determined by the difference between the acquisition and transfer values. In acquisitions for gratuitous consideration, the acquisition value is the value resulting from the Inheritance and Gift Tax regulations (not exceeding the market value), plus the proportional share of Inheritance Tax, expenses, and taxes inherent to the acquisition. Transfer expenses include, among others, real estate agency fees, certificates, and the Tax on the Increase in Value of Urban Land.

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