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V1229-19 30 May 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · valor de transmisión

Transfer value is the actual amount paid by the buyer, even if part is used to settle a mortgage

A taxpayer has enquired about the transfer value of a mortgaged property when part of the sale price is used to repay the debt. The DGT has ruled that the value is the actual amount effectively paid by the acquirer.

The question raised

What would be the transfer value for the purposes of calculating the capital gain or loss.

The DGT's ruling

The transfer value is the actual amount for which the disposal is carried out, which is determined by the amount effectively paid by the acquirer, provided that it is not lower than the market value. From this value, the expenses and taxes inherent to the transfer paid by the transferor are deducted, regardless of whether part of the price is used to cancel the mortgage encumbering the dwelling.

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