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V1439-22 20 June 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Determining acquisition and transfer values in property donations for capital gains tax calculation

Parents donate a property to their son consisting of a plot of land from 1987 and a building from 1998. The DGT clarifies how to calculate acquisition and transfer values, as well as the application of the age-based reduction.

The question raised

What are the acquisition and transfer values of said real estate for the purposes of calculating the capital gain or loss in the Personal Income Tax.

The DGT's ruling

The transfer value in a donation is that resulting from the Inheritance and Gift Tax regulations, without exceeding the market value. The acquisition value of the land is its purchase date, while that of the building is the date of completion of the works, provided it can be proven. For amounts in pesetas, an exchange rate of 166.386 pesetas per euro shall apply. If a capital loss is generated by a gratuitous transfer, it shall not be computable.

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