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V1424-21 14 May 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The sale of an inherited property generates a capital gain or loss for Personal Income Tax purposes

A query is made regarding the taxation of the sale of a property acquired through inheritance. The DGT explains that the difference between the acquisition value and the transfer value determines the capital gain or loss.

The question raised

Taxation under Personal Income Tax.

The DGT's ruling

The acquisition value of an inherited property shall be that resulting from the application of the rules of the Inheritance and Gift Tax, not exceeding the market value, plus investments, improvements, and expenses inherent to the acquisition. The transfer value shall be the actual amount of the disposal, deducting the expenses and taxes paid by the transferor. The result shall be integrated into the savings tax base.

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