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V1237-19 30 May 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Determining the acquisition value of property acquired through various methods and the application of Transitional Provision 9

A taxpayer requested guidance on calculating capital gains from the sale of a property acquired through different dates and legal titles (purchase, exchange, and inheritance), as well as the extinction of a usufruct. The DGT clarifies how to determine acquisition values based on the method of acquisition and explains the calculation for the reduction provided under the ninth transitional provision.

The question raised

Determination of the acquisition value of the real estate for the purpose of calculating the capital gain, and whether the ninth transitional provision is applicable.

The DGT's ruling

The acquisition value for the portion acquired for consideration is the actual amount plus inherent expenses and taxes. For the portion acquired gratuitously, it is the value resulting from the Inheritance and Gift Tax regulations (not exceeding the market value) plus expenses and improvements. The extinction of a usufruct due to the death of the usufructuary does not constitute a new acquisition, but rather the recovery of the rights of enjoyment by the owner. The ninth transitional provision is applicable to the portion acquired before 1995, allowing a reduction on the gain generated before 2006 under certain limits of the transfer value.

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